After a week of tragic events in the United States, including allegations of police brutality, racially motivated killings and the slaying of five police officers, we thought that we’d ask the question: “What should you do if your car is stopped by the police in Trinidad and Tobago?”
It goes without saying that you should generally be polite and compliant, but there are a few things to keep in mind. These issues are addressed in our third #KnowTheLaw information guide.
The Hugh Wooding Law School Human Rights Law Clinic aims to assist the average citizen to understand how the law works and how it can protect you.
Some of the content in this guide was adapted from the Street Law Handbook produced by our friends at Street Law South Africa.
This information is provided for information purposes only. Of course, if you require legal advice, please contact an attorney-at-law.
3. If you are ever
‘pulled-over’ by the
police in Trinidad
and Tobago, there
are a few things that
you should know.
4. The police can stop a
vehicle at any time:
to determine whether the
driver has consumed drugs or
alcohol;
>
5. >
The police can stop a
vehicle at any time:
to see whether the car is
mechanically fit;
6. The police can stop a
vehicle at any time:
to check whether the driver has
a valid licence;>
7. The police can stop a
vehicle at any time:
to ensure that the driver has
insurance;>
8. The police can stop a
vehicle at any time:
or where they suspect that the
driver has committed a traffic
or other offence.
>
9. The police have the authority
to question anyone without
actually arresting them, and
you should STAY CALM and
REFRAIN FROM ARGUING. While
you may not be obligated to
answer all questions, there are
certain things that you are
required to do.
10. You MUST provide your
driver’s permit and
insurance certificate, at
the request of a police
officer. If you do not
comply, you may be
liable for an offence.
11. The police can stop and
search any vehicle or person
without a warrant, if they
have “reasonable grounds”,
such as the smell of
marijuana, or the suspicious
behaviour of the occupant(s).
If you believe that your vehicle was
unlawfully searched, this matter can be
addressed at court at a later time.
12. At a road block, the police
may search your vehicle
without a warrant and seize
anything they reasonably
believe:
• has been used in a crime,
• is intended to be used in a crime,
• or can be used as evidence that a
crime has been committed.
13. You have the right to ask for
identification information, if
you are not sure whether the
person stopping you is indeed a
police officer. For example, the
officer may be in plain clothes
or in an unmarked car.
14. If the ‘officer’ refuses to give
you confirmation of his/her
identity, you should not supply
any information to him/her,
and you should drive
immediately to the nearest
police station to report the
incident.
15. If you are guilty of a
“traffic offence”, you may
be issued a ticket. A
police officer may NOT
demand money for an
on-the-spot fine, and you
should NEVER attempt to
bribe a police officer.
16. If you believe that you have a
good excuse for committing
the offence (like taking
someone to the hospital), you
should tell the officer. If you
are issued a ticket anyway, you
will have the opportunity to
address this before a
Magistrate at a later time.
17. A police officer is not allowed to
assault you for being
uncooperative , but he/she may
use “as much force as necessary” if
you try to “resist arrest”. If you
believe that you have been
assaulted, report the incident to a
senior police officer and an
attorney-at-law, and insist on
seeing a doctor as soon as possible.
18. If a police officer tries to
arrest you, you have several
rights:
the right to be informed of the
reason for your arrest;>
19. If a police officer tries to
arrest you, you have several
rights:
the right to remain silent, or not
give any information to the police
other than your name and
address;
>
20. If a police officer tries to
arrest you, you have several
rights:
the right to consult with an
attorney-at-law;>
21. If a police officer tries to
arrest you, you have several
rights:
and the right to be brought before
a court as soon as is reasonably
possible.
>
22. If you have been denied
any of these rights, or
believe that you were
wrongfully arrested, you
may be able to bring an
action in court against
the police officer.
23. The information provided here is not intended to give legal
advice. Should you require legal representation or advice, please
consult an attorney-at-law.
WHAT SHOULD YOU DO IF
YOUR CAR IS STOPPED BY
THE POLICE?
THE
KNOW
LAW