Cellphone confiscation

[Dave A]

If "confiscate" was changed to "impound", I'd say the idea has merit. Confiscating is a bit too close to legalised theft IMO.

[Fanie]

You can only be fined for talking on a phone, if they confiscate the phone then it is theft !

You can also only be arrested if they have a warrant for your arrest ! If any police officer says he is going to arrest you without real reason like drunk driving or something else that is a threat to other's lives he must have a warrant to do so.

Some okes got pulled over allegedly driving too fast, and they were threatened to be arrested. No can do, they can fine them but for an arrest they have to have a warrant !

http://www.trafficfinestoolkit.co.za/special.php

[sterne.law@gmail.com]

You can only be fined for talking on a phone, if they confiscate the phone then it is theft !

You can also only be arrested if they have a warrant for your arrest ! If any police officer says he is going to arrest you without real reason like drunk driving or something else that is a threat to other's lives he must have a warrant to do so.

Some okes got pulled over allegedly driving too fast, and they were threatened to be arrested. No can do, they can fine them but for an arrest they have to have a warrant !

http://www.trafficfinestoolkit.co.za/special.php

A warrant is NOT always required for arrest. The statutes lay down when an arrest can be affected, most significantly there must be a crime occurring, occurred or enough evidence to suggest will occur and no time for a warrant. A good exmple is if a person is seen in possesion of potential house breaking utensils they may be stopped etc, ect.

HOWEVER in terms of arrest and more importantly imprisonment(leaving bail applications aside), arrest is an infringment of a fundamental human right, freedom. It is a last resort. Arrest is not a punishment but a method to procure attendance at court. The police will need to show good cause for not releasing you and relying on one of the other methods to procure attendance.

[Fanie]

Hi Anthony,

Agreed. Many officials unfortunately try to intimidate the public with threats of arrest and jail in an attempt to get something for releasing the victims. It is fairly common practice here.