However, the police do not have and never had a general power to stop and search before arrest; reasonable cause or reasonable suspicion is always a prerequisite to a stop and search. Police officers who conduct searches risk losing the protection of the law. Frederick Smith, an attorney-at-law in Grand Bahama, brought an originating motion in the Supreme Court of the Bahamas challenging the rights and authority of the Royal Bahamas Police Force to stop and search his car without reasonable cause and for damages.
Following previous success in arresting a number of persons at roadblocks for guns and illicit drugs, the Bahamian police set up a number of roadblocks on Grand Bahama. The instructions, according to a police sergeant engaged in the exercise was: ﾓto ascertain that all vehicles travelling north along Waterfall Drive and attempting to enter and travel east along East Sunrise Highway ﾅ were stopped and searched for drugs in as courteous and pleasant, but firm a manner as possible.ﾔ
At about 10:52 p.m., on Friday, June 8, 1984, Frederick Smith, who lived and practised in Freeport, was driving his car along a stretch of road when he saw a police roadblock. He had to come to a halt behind a line of cars, which had backed up because of the roadblock.
Smith said that when he eventually got to the intersection where the police officers were, he noticed that they were ﾓengaged in searching the vehicles, their drivers and passengers, if anyﾔ. Passengers and drivers were made to stand outside their vehicles. Some of the officers were in plain clothes and some in uniform and some were armed.
Smith managed to drive through the intersection without being searched. Apparently, however, he was concerned about the legality, whether the actions of the police were unlawful and unconstitutional. As a result he went home, picked up his camera and a flash, and set about to film the activities of the police.
Approximately 20 police officers were assigned to roadblock duties that night and signs marked ﾓWARNING GO SLOW POLICE CHECK POINT AHEADﾔ had been placed in the middle of the road at the intersection.
As Smith approached the roadblock at one intersection, an officer stopped him and asked for permission to search his trunk.
Smith refused to allow the police to search and asked them what they were searching for. They told him that they were searching for ﾓdrugs and firearmsﾔ. Several police officers began to move towards his car and tried to hold on to it, but he was able to drive off without being searched.
Smith later returned to the area and again he was accosted by the police. On this occasion, a police officer tried to turn off his engine and remove his keys from the car. The police officer told him that it was a roadblock and that he wished to check his car. Smith asked the officer if he had suspected him of committing an offence and, if so, what offence. The officer asked Smith for his name and he gave him. The officer then allowed Smith to drive away without being searched.
Smith then drove down a nearby street, found a parking spot and walked towards the intersection with his camera to photograph the activities of the police.
One of the officers objected in ﾓstrong languageﾔ to Smithﾴs activities.
As Smith returned to his car, a police sergeant, Sgt. King, told him that he wished to search his car. Smith objected. Sgt King called another police officer to assist him and as Smith got into his car, Sgt. King proceeded to open the right rear door and search the rear passenger section. The other officer who came to Sgt. Kingﾴs assistance, Cpl. Cartwright, searched the glove compartment.
Sgt. King then insisted that Smith open the trunk of his car and Smith complied.
Smith said that they then ﾓconducted a rummaging expedition of the interior of the said trunkﾔ. Sgt. King told him that he wished to conduct the search because he (Smith) was ﾓsuspected of drugs and firearmsﾔ.
No drugs, firearms nor any incriminating object were found. Consequently, Smith was not arrested and he went on his way.
(Next week, Smith goes to Court.)
(Stephen Alleyne is an attorney-at-law.)
The Barbados Advocate
