Police Commissioner seeks legal advice on police stop and search powers

By Kimone Witter    

 

Police Commissioner Dr. Kevin Blake says he has sought legal advice on the powers of the police to stop and search motorists, after renewed debate on the constitutionality of the actions, particularly under the Road Traffic Act.

 

Dr. Blake has made it clear that the actions of the police must not be random and motorists have the right to know why they are stopped.

 

The police are permitted to, with reasonable suspicion, stop and search motorists under the Jamaica Constabulary Force Act and several other pieces of legislation.

 

But they do not have this power under the Road Traffic Act.

 

Addressing the Montego Bay Chamber of Commerce Members meeting on Wednesday night, Dr. Blake spoke to the success of stop and search operations in the fight against crime.

 

He also chastised persons who have resisted the instructions of the police for what he calls social media fame, which he said undermines the efforts of the police. 

 

"You have some persons who make it part of their daily activity because them have some social media and they want likes and stuff like that. We're talking about serious business, we're talking about an activity that prevents a whole lot of murders from happening by intercepting gunmen driving around with weapons all the time. There ought to be no arbitrariness about it. Let me just make that clear. But we will not relent in what we do," he insisted, noting that more than 600 weapons are seized annually during traffic stops. 

 

Dr. Blake argued that motorists should obey the instructions of law enforcement personnel. 

 

"The [Road Traffic] Act didn't explicitly say that the police has a power to stop, as the JCF Act says, in terms of stop and search and the conditions under which you stop and search...[but] the Road Traffic Act speaks to your responsibility as a motorist," he suggested.

 

While Dr. Blake said the matter appeared clear to him, he admitted that he has asked for legal advice.