Q:
What are the laws on car searches without a warrant?
A:
The police can stop and search any person, vehicle, and anything in or on the
vehicle for certain items, but they must have reasonable grounds (e.g., smell of marijuana or suspicious behaviour by occupants) for suspecting
that they will find evidence (weapons, drugs, stolen property, masks, gloves,
etc.). Outside of this, a warrant is required under Section 41 of the Summary Courts Act 1918, as amended.
However,
if a crime has occurred and the police have been given permission to set up a
road block, they can stop and search you without having reasonable grounds for
suspecting they will find the aforementioned items.
The
police can become trespassers if they do not act within the law because without
their legal powers, they are considered regular citizens. This has been
established since Entick v Carrington [1765], where Lord Camden CJ said: Our law
holds the property of every man so sacred, that no man can set his foot upon
his neighbour’s [property] without his [permission]; if he does, he is a
trespasser, though he does no damage at all; if he will tread upon his
neighbour’s ground, he must justify it by law…
This
case has set a precedent all over the world, even being the reason behind the Fourth Amendment to the United States Constitution.
how do i ask a question here i dont know how
ReplyDeletebut if there is any one who can answer my question here it is
do police have the power to do anything to student for haveing there shirt outside there pants
AnSwEr pLEaSe
Not unless wearing or even how to properly wear a school uniform was enshrined in law somewhere... which I don't think is the case.
DeleteWho has the authority to stop my car? Is it only licensing officers and fully clothed police officers, or do plain clothed police officers have this authority as well?
ReplyDeleteA plain-clothes officer has the same powers as one in uniform, but they must properly identify themselves with the T.T.P.S. identification card.
DeleteIs it legal for an officer during a stop-and-seach, to ask for identification? Also how do I legally protect myself during a road side interview(I live near and have to pass through a "drug block"),since I wouldn't have access to legal counsel?
ReplyDeleteYes, you have to identify yourself. You answer what questions you feel are necessary.
DeleteCan you please quote the act and chapter which states such? I really am interested in getting the correct info. Thanks
DeleteWhat law states I must identify myself if I am not under arrest or detained for a violation of the law? I am just randomly stoped and the officer has no due cause to hold me there.
DeleteWhat are my rights if a officer demands identification without proper reason ?
ReplyDeleteYou must present id when requested.
DeleteRecently the TTPS have been filling out forms after stop and searches...with questions like name, age, address, marital status, children, occupation, height and tattoos(location if any). I would like to know is it maditory I comply with these questions and if not how to decline their request for unecessary information eg. Occupation, number of children and tattoos.
ReplyDeleteYour name, address, and age (if you’re a minor) are the only information you should disclose in a stop. Anything else is illegal unless you're being detained for a crime.
DeleteIf they refuse to let you leave, they would be engaging in unlawful detention and you should ensure that you have witnesses or record the situation.
if the police stop and search my car claiming that i have some thing illegal in my car and they dont have a search warrant either and after searching they find nothing which laws under the constitution have they broken ,A what can i seek redress in the high court of trinidad and tobago 4 , and can i sue the officers who search my property and also the state in two law suits thank u and waiting on ur reply
ReplyDeleteWhat they did was legal.
DeleteThey must have a good lawful reason to search your property
Deletewhat was legal about what they did explain because under the constitution if it is not a state of emergency is there not laws in place dealing with illegal stop and searches ie freedom of movement and if they search my property which is my car they must have have probable cause
ReplyDelete" claiming that i have some thing illegal in my car" = probable cause
Deletethat isn't probable cause they need evidence to prove their suspicion ttps officers seems to only speculate
Deleteyour car is also your property Entick vs carrington case law
ReplyDeleteon what grounds can the anti-drug and narcotics police on the airport can demand a civilian to do a drug test on the airport ?
ReplyDeleteWell, I wasn't even aware that drug testing was done at the airport. Nevertheless, I can't see that request being lawful or valid.
DeleteIf a police officer pulls you over and they are in uniform but do not identify themselves is that illegal and also if they search your vehicle in a random stop and search can what law prevents them from searching the vehicle without an issued warrant?
ReplyDeleteThis is answered above.
DeleteIs it legal for police officers to have tattoos which is exposed in line of duty and in uniform.? Because I had encounter a situation with one
ReplyDeleteWhat are my rights if I am being held for questioning?
ReplyDeleteGet an Attorney,
DeleteIf my vehicle was stolen.the police found it how long could the police keep it.i am not pressing any charges...and they still keeping it
ReplyDeleteif arms and ammunitions are found on sumones property are these to be handled by the officers without the use of gloves? isnt it routine they(the officers) use gloves to eliminate their prints???
ReplyDeleteThat would make sense to people who have an ounce of intelligence... not our police officers.
DeleteIf a road block is taking place and the police is searching my car and my peruse is the car can they go into my peruse without permission
ReplyDeleteThey are not allowed to search your car in a road block it is unlawful .. The need to give resonable suspicion that you committed a crime or the you have illegal items in your car....
DeleteWith regards to your home does the same grounds for searching without a warrant applies
ReplyDeleteCan the same set of police search you everyday or even more than 10/15 times for the year,can that be used as harassment especially when the person has a perfectly clean record nor even a driving ticket against them names ?
ReplyDeleteis it legal for a police officer to search my trunk of my car without me present to witness?...also is it legal for a police officer to put their hands in my pocket in a stop and search?...also is it legal for a police officer demand you lay on the ground whiles they search my vehicle?
ReplyDeleteWhat were the circumstances surrounding the stop?
DeleteIs it "law" in Trinidad for you to have identification on you when you are outside on the streets/roads ... driving, walking or riding?
ReplyDeleteDefinitely while driving:
ReplyDeletehttps://trinidadandtobagolegalrights.blogspot.com/2020/04/citizen-rights-during-police-roadblocks.html