Police raids – how far is too far?
Last Week News Five reported on two separate incidents in which police forced their way into Belize City residences, ransacked the premises and then left. In one case, seven small homes were searched by nine officers who claimed they were looking for drugs. Residents claimed that not only did the police turn their homes upside down, but they broke the padlocks off the doors while the tenants were absent. Several residents claim they were forced to lie on the ground and were kicked by the police officers. In the other incident on Hunter’s Lane, police claimed they were looking for a gun, presumably the weapon used to kill a businesswoman at her shop just blocks away on Freetown Road. In neither case did the police find the items they were looking for. The cases in question raise the larger issue of police procedure and at what point do zealous officers go too far, and what can ordinary citizens do to protect themselves.
The incidents of crime and the police effort in trying to address the issue has resulted in a number of house raids. But as the police have been conducting the exercise they as well have been criticized about the way they have been executing the searches.
Kirk Anderson, Attorney At Law
“What we know is happening right now is that the police officers just jump your fence or walk in your yard and break down the door without even having ask you first, as the owner of the premises, whether you would allow them in. That is wrong. The law does not allow for that.”
In one of the police’s most recently alleged misuse of power, most of the tenants homes at number eighty one Racecourse Street had their padlocks broken off and their personal belongings ransacked when the police burst through the gates on march sixteenth. Today Frank Lewis the property’s landlord said they have replaced most of the locks.
Frank Lewis, Landlord
“I have already bought four padlocks. Then you have Mr. Williams, he already bought two. Then you have the other guy who lives over there Mr. Sanker, he bought one. Then you have the man there he bought another one. Then you have the other young lady back there, Ms. Jean she bought one too and that is furthest we have gotten to it.”
Lewis says while they did attempt to press charges against the police department, their efforts failed. Kirk Anderson an Attorney at Law who has received numerous complaints says it is not surprising why the victims of these abuse do not take the matter to court.
Kirk Anderson
“Well they are not brought before the courts often because those persons who often face this situation generally do not have the finance or the knowledge necessary in order to recognize that they have an entitlement to pursue such a claim and also to follow through with it.”
Anderson says the only way the problem can be addressed is if Belizeans familiarize themselves with the Misuse of Drug Act and the Firearm Act which specifically states what the police are allowed to do when searching a premises.
Kirk Anderson
“Our law, particularly the Misuse of Drug Act and our Firearm Act provides for specific instances in which police officers can search a premises without a warrant. Those instances would be in particular where they are searching for firearms or drugs.
When they conduct a search under the general rule, yes the owner needs to be there because it is only if the owner has actually sought to deny them access to the premises that they can break down the door of the premises and get in.
Basically the police have to ensure that the person who, not necessarily the owner, but the person who live in that premises is there at the time of the search.”
If damage does occur due to an officer’s negligence while performing his duty, then that officer or in some cases the Government of Belize can be held responsible for compensating the owner of whatever item may have been damaged. Anderson says while he advises the public not to resist any officers when they are on operation, he says it is important to ask questions and then seek legal representation.
Kirk Anderson
“Ask the police officer what they are searching for? Get a response from the police officers, but I would not recommend anyone to really try to resist the police, whilst they are going about their so called duties. This is because quite frankly, the police sometimes, and not all the times, but sometimes become violent with persons who they claim are illegal resisting their exercise of their purported authority.”
Anderson says because the police have really not been challenged in court he believes this has led some officers to continually abuse their authority.
Last week Attorney General Dickie Bradley told News Five he considered the raids on Racecourse Street to be unconstitutional and that it is critical for citizens whose rights have been violated, to make formal complaints to the police high command.
