Search by police: when is it legal?
We have reported enough police stories over the last twelve years for viewers to know that when searching for guns or drugs, the cops pretty much do as they please. But can law enforcement authorities go too far? After last night’s harrowing account of a police raid on the premises of Douglas Gill, News 5’s Jacqueline Woods today went looking for legal guidance.
Jacqueline Woods, Reporting
Section nine of the Belize Constitution states that “except with his own consent, a person shall not be subjected to the search of his person or his property or the entry by others on his premises.” But that same document, in the next paragraph, gives authorities the right to make “reasonable provision” as required in the interest of defence, public safety, public order and a host of other public interests. The question, in the light of recent police actions is what constitutes “reasonable provisions.”
Wilfred Elrington, Attorney
“If you have credible information… say you get information from two, three or four neighbours who call you and say, Commissioner we saw so and so bring in last night certain sacks which we suspect to be marijuana. And this morning we have seen people going out with little packages we know to be drug dealers, it’s this person and that person and that person, we’ve seen them come and they are picking up their amount and they are leaving. Now the police do know who are the drug dealers in this country, they know all the drug dealers, all the major players in crime, the police know. So then, they would be able to say yes, that is reasonable information that we have. Let us go to the house and effect a search to see if we will find it.”
Attorney at law Wilfred Elrington says the police have the obligation to take special care when executing a search because one of the most fundamental rights of citizen is to be protected from unlawful invasion of their privacy.
Wilfred Elrington
“One of the tragedies in Belize is that I think that many of out personnel are not properly trained. We have a serious problem with training, and the people at the top, rather than understanding that we lack the training and try to do something about obtaining the training for us, become apologists. You know we always explain, well we have the right to do it, the policeman was acting right. But clearly if the whole citizenry is complaining about the behaviour of the police something has got to be wrong.”
Because of the extraordinary problem of illegal drugs and firearms, the police claim a need to conduct searches without warrants. But Elrington says it should not give them the authority to abuse that privilege.
Assistant Commissioner of Police Maureen Leslie says they rely on solid intelligence information, including tips from trusted informants before they decide to do a search.
Maureen Leslie, Assistant Commissioner of Police
“When we get these information, normally the Intelligence Unit of the department would review the information based on previous workings with this particular informant because informants are graded as to the level of trust worthiness. And when they have done that and they are convinced that there is some merit in what was passed on to them, then they may decide to do the search.”
“If the telephone call comes from one of your trusted informants, who has been tested in the past, then by all means they can act on that particular information. But if someone is just calling, you don’t know who is calling, it is risky. It may be to the detriment to just act on that particular phone call.”
Leslie says there is a procedure the police are required to follow when they execute a search. Leslie says the police should properly introduce themselves and explain why they are at a location. She says the idea is not to create enemies, but work along with citizens.
Maureen Leslie
“We have done numerous searches and when we leave, people shouldn’t be mad at you, people shouldn’t be upset with the police because you searched their premises. We have a job to do, ma’am we have to search your place, starting with this room, you accompany me and I will search. You checked the clothes, you checked their pockets, you check the trousers, you check the shoes to the bottom, you pull all the drawers, but you don’t need to make a mess, and you should not leave the place in a mess.”
In the most recent incident involving Douglas Gill, Leslie says she is not sure what happened, but that search is being investigated. However, she advises anyone who believes they may have been ill-treated by the police to report the incident…to the police of course. Reporting for News 5, Jacqueline Woods.
It is not known if Douglas Gill will seek redress from police for the search of his apartment building.
