A Supreme Court judge has ruled that the police have no power, under the Road Traffic Act, to arbitrarily stop and search motor vehicles, opening the door for a flood of lawsuits.
The police have repeatedly argued that the law gives them the power to stop and search vehicles, and that this has resulted in the apprehension of criminals, the recovery of stolen vehicles and stolen farm produce.
But Justice David Batts says the police are abusing this power.
Batts made the ruling when he ordered the Government to pay $2.8 million in damages to a motorist who was assaulted by the police when he was stopped in St Catherine in May 2007.
Batts emphasised in the judgment that lawful reasons must be given by the police for stopping and searching a motor vehicle.
Batts has directed the registrar of the Supreme Court to send copies of the judgment to the Office of the Commissioner of Police and to the commissioner of the Independent Commission of Investigations for action to be taken, as seen fit.
The judge said there was some belief that Section 58 of the Road Traffic Act gives power to the police to stop and search vehicles without reasonable cause.
"That act does no such thing," Batts said in the judgment.
He explained that the act allows for the redirection of traffic or stopping of vehicles for the purposes of traffic flow or some reasonable purpose.
"The request for documents and driver's licence similarly follow on some existing cause, such as a reasonable suspicion that a crime has been or is about to be committed.
"The reasonable cause to suspect that an individual has or is about to commit a crime must relate to peculiar characteristics of the persons or the vehicle he is driving, or the manner in which it is operated, or to information received," said Batts.
He said further that in Jamaica, the citizen is free to move about without an obligation to carry a pass, and is not to be subject to arbitrary or random searches.
Batts noted that this was still a
"I find it necessary to
quote the Constitution and to recite its abbreviated history because of
some surprising features of this case.
because when the evidence from the defendant was completed, the matter
of a lawful reason to stop and request a search of the claimant's
vehicle had not been addressed.
attorney-at-law representing the Crown, when asked, stated that
reasonable cause was the fact that the police were conducting random
searches for guns and drugs.
"It is the casual
attitude by the defendant and its witnesses to the individual's right to
freedom of movement, freedom of the person, and freedom from search,
which has caused me to restate the source of these rights and the
history of struggle to attain them.
repeating that while lawfully driving his motor vehicle, the claimant
was exercising his right to freedom of movement and was entitled to
expect that that, as well as his other rights, would not be interfered
with without lawful excuse.
"Let me say further that
even on the account given by the defendant's witnesses, no lawful reason
is given for stopping the claimant's vehicle. Nor is there any lawful
reason advanced for the desire to search his vehicle, or for the alleged
request for his documents.
"It is still the law of
this nation that persons under The Queen's peace are entitled to freedom
from search of their person or property unless such a search is legally
"I hold that it is not a lawful reason to
stop and search a car based on the fact that cars with similar features
are often stolen and used in the commission of
"It would really be no different saying that an
individual walking on the road bears 'similar features' to the majority
of persons convicted of crime … [such as] 'He is of dark complexion and
wearing shorts below the waist'," said Batts in the
Gary Hemans, a taxi driver who was
represented by attorney-at-law Sean Kinghorn, had sued the attorney
general to recover damages arising from his
Hemans testified that he and other family
members were coming from the Hellshire Beach in St Catherine on May 16,
2007, when they were stopped at the Hellshire roundabout by three police
He said when he enquired why they were so
aggressive, he was beaten and taken to the Portmore Police Station,
where he was locked up until the next day.
that at the station, he was forced to strip and squat in a corner, and
he felt humiliated and embarrassed.
He said he was
charged with assaulting the police, using abusive language, and using
The taxi operator attended court
several times, but the case was dismissed for want of prosecution
because the police did not attend.
Hemans aggravated damages of $1.2 million for being forced to strip and
stoop at the station, and due to the fact that the police officers did
not attend court.
He was awarded $200,000 for
exemplary damages, because he was beaten without cause and made to
He was also awarded damages for
assault, false imprisonment, malicious prosecution, and special damages
for lost earnings, medical expenses and legal
The Police High Command is still studying the
All 106 & Park 2014 4g 50 Cent Adele Adidjah Adidjahem Records Adidjahiem Records Adidjah Palmer Africa Agent Sasco Aidonia Aids Akon Album Alkaline Alliance Next Generation Amber Rose Apple Appleton Aquarius Aries Arrested Assassin Ati Auntie Vie Baby Baltimore Bank Beats Beenie Man Beres Hammond Beyonce Bill Cosby Bird Man Black Kat Black Mattic Bobbi Kristina Brown Bobby Shmurda Bob Marley Bogle Boom Boom Bounty Killa Bow Wow Brazil Breast Cancer Buju Banton Bushman Busy Signal Cable And Wireless Calado Cancer Cannabis Oil Capleton Capricorn Carnival Celine Dion Cham Cherine Chi Ching Ching Chickungunya Chino Chris Brown Chris Dymond Chris Martin Christopher Johnny Daley Chronixx Chuck Fenda Chug It Church Cinco Cinco Cliff-twang Club Club Oasis CNN Columbus Communications Cop Corey Todd Craig Dennis Crush Yard Cure Daggering Dance Dancehall D'Angel Dario Darkcide International Dash Productions Da'Ville Death Deep Jahi Delus Demarco Dengue Denzel Washington Deva Bratt Devin Di Dakta Devorce Digicel Dj Carique Dj Dan Perry Dj Flames Dj Frass Dj Fti Dj Gyeco Dj Khaled Dj Liquid Dj Natural Dj Nicoye Dj Nutzie Dj Pops Dj Randy Don Corleon Dosa Medicine Drake Dr Dre Dream Dream Weekend Drugs Ebola Eminem England English Entertainment Entertainment Report Event Fabian Marley Facebook Fast & Furious Fever Fifa Flexxx Flippa Mafia Flippa Moggela Florida Flow Floyd Mayweather Fontano Thompson Foota Hype French Gadaffie Gage Ganja Gay Gaza Slim Gemini Germany Glendale Gordon Grave Guiness Gullyside G Unit G-Unit Gwen Stefani Gyptian Horoscope Hype Tv Ice Iggy Azalea Ikon Instagram I Octane Ishawna I-SHENKO Ity Ellis Ity & Fancy Cat I-wayne Iyara Jaden Smith Jah Vinchi Jah Vinci Jamaica Jay Z J Diamonds Jennifer Lopez Jimmy Cliff Jmr Entertainment Jolly Kavalli Jr Daine Jr Gong Juke Boxx Records Jutc Kalado Kanye West Karrueche Khago Kibaki Kidd Kidd Kim Kardashian Kingston Kiprich Kip Rich Konshens Krazy Unit Entertainment Krush Yaad Krystal Tomlinson Lady Saw La Lewis LanMine Lauren Hill Laza Morgan Leech Leo Libra Lil Wayne Lime Jamaica Lincoln Lisa Hype Lisa Hyper Lloyd Banks London Louis Farrakhan Mariah Carey Marijuana Marvin The Beast Mavado Meek Mill Merciless Mexico Miami Micheal Phelps Microsoft Miss Ting Money Moon More Juice Family Moscow Movie Mr Vegas Mtv Munga Murder Music Narc Natural Black Navino News New York New York Times Nick Cannon Nicki Minaj Nick Simmons Ninja Kid Ninja Man No Doubt Notnice Nuclear October Olympic Olympics Omar Davis Onesty Papaya Pastor Paypal P Diddy Philadelphia Philly Pink Panther Pisces Plane Pnp Police Popcaan Port Antonio Portland Portmore Portmore Empire Potato Potential Kidd Prince Pin Prison Prodigal Son Qq Quick Cook Raine Seville Rape Rastafarian Raymond Small Rdx Reggae Sumfest Richie Spice Richie Stephens Rick Ross Ricky Trooper Rihanna R. Kelly Rodger Clarke Rohan Marley Romain Virgo Rum Bar Rum Rum Camp Rum Fire Ryno Safaree Sagitarius Sagittarius Savage School Scorpio Selectah Genius Series Sex Shabba Ranks Shaggy Shane Brown Shane O Shawn Storm Shawnte Sheba Sizzla Snoop Dogg Snoop Lion South Africa South Beach Specialist Spice Sports Ssc Sting Sumfest SunCity Supreme Promotions Suriname Swim Tami Chynn Tamoy Tamoy Ent Tanto Blacks Tarrus Riley Tattoo Taurus Tessanne Texas The Voice T.I. Tiny Tj Records TMZ Tobacco Tommy Lee Sparta Tony Matterhorn Tony Yayo Total Trey Songs Trinidad Trinkie Starr Twitter Tyga Unicorn United Kingdom United Nations United States Uruguay Usain Bolt US Embassy Virgo Visa Voicemail Vybz Kartel Water Wayne J Weed We The Best Whatsapp Whitney Houston Will Smith Windows Wing Stop Wiz Khalifa World Cup Wrenroy Smith Xs Promotions Yanique The Curvy Diva Yendi Phillipps Ymcmb Yohan Blake Young Buck Young Money Zimbabwe Zj Liquid Zj Rush Zj Sparks Zj Wah Wah