(PART 2) TIPS FOR SAFE AND CORDIAL CONDUCTS DURING AN ARREST
In continuation of our discussion on safe and cordial relationship between the Public and the Police, the part 2 of our series providing you with TIPS FOR SAFE AND CORDIAL CONDUCTS DURING AN ARREST SITUATION.
It will also interest you to know that the Part 3 of the series (which will be published soon) will provide you with Tips on Safe and Cordial Conducts at the Police Stations, while the concluding part, which is Part 4 will focus on the Expectations of the public from Police Officers in promoting safe and cordial interactions between them and the citizens.
Please read on!
Arrest situations can easily turn violent. If not properly handled, it can portray you as a hostile person or give the impression that you are resisting arrest which on its own constitutes an offence, therefore:
Do not resist arrest. Even if you believe that the arrest is illegal or uncalled for, allow the arrest to take place without any incident. Note that resisting arrest could lead to an encounter that might result in harm, injuries and/or permanent disabilities or death to you or even the officer arresting you. It is therefore better to allow the arrest to take place without an incident and thereafter seek redress and appropriate sanction against the defaulting officer through a legitimate process.
Politely demand to know the reason for your arrest. It is your right to know. Also, where the officers have not disclosed their identity, courteously request their identity and where they came from, or the office where they work.
On arrest, it is within the powers of the police to do any of the following:
- Search your body, clothing and other belongings
- On the highway, the police may search your vehicle if you were in it at the time they stopped you.
- May ask you to write and sign a statement. It is however your right to decline, especially if you feel that doing so will implicate you.
- The Police may ask you to perform some tests such as walking in a straight line. This is so when they suspect you are under the influence of alcohol or drugs, particularly in the absence of breathalyses or other forensic aids.
- Handcuff you if you are violent or show propensity to escape.
Always let the officers know your health challenge (if any) after arrest. This is important in case you may need immediate medical attention, particularly asthmatic patients, persons with history of epilepsy, high blood pressure, diabetes especially those on insulin etc. You should immediately make full disclosures.
Demand to see the warrant of arrest where necessary (Note however that not all invitation/arrest requires a warrant). As a matter of fact, under our laws, the Police have wide powers to arrest without warrant in many circumstances.
Politely request that the officers allow you inform a trusted friend or a family member or a lawyer, soon after your arrest in order to avoid unnecessary apprehension as to your whereabouts or safety.
If the arrest requires the officer to conduct a search on you, demand to see the Search Warrant and comply with all legitimate instruction during the search (Note that there are a lot of instances where a policeman can search you with or without warrant)
You may politely request that the officer be searched before searching you. Often times, this helps to allay fears that someone may be trying to plant incriminating items on you or implicate you in any other way.
Do not obstructively interfere or intervene when a third party is being arrested. Be careful as you may not know the details and seriousness of the charge against the person.
Do not use your phone indiscriminately while being arrested.
Willingly follow the officers to the station. It may be indicative that you have nothing to hide. In addition, this voluntary action of yours will eliminate any possibility of the arresting Officer resorting to the use of Minimal or Reasonable force to elicit your compliance.
Finally, on a lighter note, but also seriously speaking, every encounter with the police, including an arrest/invitation scenario is an opportunity to learn more about the Police, the security community, your rights and privileges and make friends with them. Please make effective use of it!
***Authored by DCP Frank Mba***