Barriers police shouldn't jump during arrest

By Harold Ayodo

Most people panic when arrested by police and make simple mistakes that send them to jail even when innocent.

There are also cases where police officers break the law when arresting suspects.

Police officers should only search suspects with arrest warrants unless they suspect that a crime has been committed in their presence.

It is illegal for police officers to stop you on the streets on a normal day, mishandle you and demand that you open your luggage or car for inspection.

Moreover, there are reported cases where male police officers storm into private homes or offices and harass family members or employees allegedly searching for evidence.

searching women

It is against the law for policemen to search female suspects. Women should only be searched by policewomen and in a decent way.

And arrests should only be made after investigations are complete. When investigations are on, suspects should only be called to the police station for questioning.

Suspects should be arraigned in court within 24 hours, thanks to the Constitution. At the police station, names of suspects and nature of alleged crimes committed must be recorded in the Occurrence Book (OB) before further questioning by police.

Unfortunately, most suspects panic when in custody and record statements which are eventually used against them. Legally, you do not have to record a statement or say anything you do not wish to lest the prosecutor uses the information to crucify you in court.

Should you decide to give a statement in writing or verbally, the officer must read it in a language you understand and warn you that it would be used against you in court.

It is preferable to write the statement in your own handwriting or the officer records what you tell him and reads back before appending your signature.

Under no circumstances should you agree to record a statement against your wish even if threatened, promised anything in return or forced to do so.

Depending on the crime you are accused of, you may be released on a police bond and report to court to answer to the charges.

Police bond may entail payment of cash bail and a government receipt offered as proof of the same.

In other instances, the police officer in charge may request you to give a personal bond whereby you commit to attend court on specified dates. That is the law!

— The writer is an Advocate of the High Court of Kenya