What The Police Are Not Allowed To Do During An Arrest - Crime - Nairaland
Nairaland Forum › Nairaland General › Crime › What The Police Are Not Allowed To Do During An Arrest (14849 Views)
| What The Police Are Not Allowed To Do During An Arrest by coputa(op): 6:23pm On Jan 03 |
What the Police are not allowed to do during an Arrest. 1). They CANNOT arrest you over civil matters The police have no business arresting anyone because of: debts rent issues boyfriend–girlfriend quarrels business disagreements “He insulted me” Those are civil matters. The police exist for crime, not private disputes. 2). They CANNOT beat, slap, torture, or brutalize you No officer has the right to “discipline” you. Torture is illegal whether physical, verbal, or psychological. Even if you’re a suspect, you are still entitled to dignity under the law. 3). They CANNOT search your phone without your consent or a warrant Your phone is private property. They cannot forcefully open your messages, read your chats, go through your gallery, access your banking apps unless there is a lawful basis like a court warrant or immediate suspicion connected to the crime they stopped you for. 4). They CANNOT detain you longer than 24–48 hours without charging you They cannot keep you indefinitely. If there is evidence, charge you. If there is no evidence, release you. Keeping you beyond the constitutional time frame becomes unlawful detention. 5). They CANNOT refuse you access to your lawyer or family You have the right to call a lawyer speak with someone close to you, have legal representation during interrogation, blocking this right is unconstitutional. 6). They CANNOT force you to sign a statement Not even “just write your side.” Not even “sign here.” Your statement must be voluntarily written by you, made without threat, pressure, or intimidation If you’re not comfortable, you can say: “I prefer to remain silent until my lawyer arrives.” 7). They CANNOT arrest you without telling you the reason They must state the offence clearly. You cannot be arrested based on guesswork, vibes, or “follow me to the station first.” 8.) They CANNOT search your body disrespectfully Women must be searched by female officers. No officer can conduct a degrading or inappropriate search the law forbids it. 9). They CANNOT use arrest as a tool of intimidation Police power is for public safety not for settling scores, collecting “bail money,” or harassing citizens. 10). They CANNOT demand money for bail Bail is FREE. Whether the case is minor or serious. Any officer demanding money for bail is breaking the law. Police officers have authority but that authority has boundaries. When you know those boundaries, you protect yourself because the difference between obedience and oppression is simply knowing your rights. . Legal update
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| Re: What The Police Are Not Allowed To Do During An Arrest by Pat081: 7:15am On Jan 04 |
🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣 Dey play Nigeria police do all this more than what you write sef |
| Re: What The Police Are Not Allowed To Do During An Arrest by coputa(op): 8:40am On Jan 04 |
Pat081:They do because many Nigerians don't know their rights,if the police know that you know your rights,they will avoid you |
| Re: What The Police Are Not Allowed To Do During An Arrest by dederocs(m): 10:52am On Jan 04 |
Bail is definitely not free |
| Re: What The Police Are Not Allowed To Do During An Arrest by Pat081: 11:39am On Jan 04 |
coputa:🤐🤐🤐🤐🤐🤐🤐🤐🤐🤐 your right with police in this country 6 feets under the ground |
| Re: What The Police Are Not Allowed To Do During An Arrest by Hmmmmm2024: 12:54pm On Jan 04*. Modified: 1:29pm On Jan 04 |
coputa:Please also add the exceptions so that you don't mislead those who believe everything they see on the Internet. Exceptions : 1. In most countries, including Nigeria, simply insulting another person is not a criminal offense and police cannot arrest someone for it. However, there are important exceptions: if the insult crosses into defamation, provocation that leads to a breach of peace, hate speech, threats, or obscenity in public, then it can become an arrestable offense. 2. Police may use force only when necessary and proportionate, such as: A. Self-Defense - If a suspect or another person attacks the officer, they may use reasonable force to protect themselves. B. Defense of Others - Police can use force to protect civilians or colleagues from harm. C. Preventing Crime - Reasonable force may be used to stop a crime in progress (e.g., armed robbery, assault). D. Effecting a Lawful Arrest - If a suspect resists arrest or tries to escape, police may use proportionate force to restrain them. - Example: Holding someone down to handcuff them — but not beating them after arrest. E. Maintaining Public Order - During riots or violent protests, police may use controlled force (e.g., shields, batons, tear gas) to restore peace. - Even then, force must be the minimum necessary. 3. Number three is very correct. Let me add the following: - In some jurisdictions, special laws allow broader powers for police or security agencies to access devices without a warrant in urgent national security cases relating to terrorism investigation. - Cybercrime Investigations - Nigeria’s Cybercrime (Prohibition, Prevention, etc.) Act 2015 allows law enforcement to access electronic devices if they suspect cybercrime activity, sometimes without prior warrant if delay would compromise evidence. 4. Here are some exceptions to number four- For grave crimes like armed robbery, terrorism, treason, or murder, police often seek remand orders to hold suspects longer while gathering evidence. - Under special laws (e.g., Terrorism Prevention Act, Emergency Powers Act), suspects may be detained longer without immediate charge if linked to national security threats. - If police convince a court that more time is needed to complete investigation (e.g., cybercrime, financial fraud), the court may grant extended detention. 5. Number five is very correct. 6. You’re right: police cannot force you to sign a statement. It must be voluntary, without threats, pressure, or intimidation. But there are exceptions where police may lawfully take or rely on a statement, even if you don’t sign one: A. - If you refuse to sign but the statement was voluntarily given, police can still tender it in court. - Courts look at whether the statement was made freely, not whether it was signed. B. Confession in Open Court - If you admit guilt or make a confession directly before a judge, it is valid even without a written or signed statement. C. Statements Recorded by Police - Police may record your oral statement (audio or video). If it is voluntary, it can be admissible even without your signature. D. Statements by Counsel - If your lawyer writes or endorses a statement on your behalf, it is valid without you signing it personally. E. Special Circumstances (Evidence Act Section 29) - A confession is admissible if it is shown to be voluntary. - If there is evidence of threats, inducement, or oppression, the court will reject it. - But if the prosecution proves voluntariness, the statement can be used even if you refused to sign. F. Statements Under Special Laws - In terrorism or cybercrime investigations, statements may be recorded electronically and admitted without signature, provided they are voluntary. 7. There are limited exceptions where police may arrest without immediately stating the reason: A. National Security / Terrorism Cases - Under special laws (e.g., Terrorism Prevention Act), police or security agencies may arrest suspects linked to terrorism or national security threats without immediately disclosing details, to avoid compromising investigations. B. Preventing Immediate Crime - If police witness a crime in progress (e.g., armed robbery, assault), they may arrest first to stop the act, and explain the reason afterward. C. Obstruction or Resistance - If a suspect is violent, fleeing, or obstructing officers, police may restrain and arrest quickly, then state the reason once the situation is under control. D. Warrant Execution - When executing a valid arrest warrant, police may arrest without explaining the underlying offence immediately, though they must eventually show the warrant and state the charge. E. Exigent Circumstances - In urgent situations where delay could endanger lives or allow escape, police may arrest first and clarify the reason later. F. Military or Emergency Powers - During declared states of emergency or under military/security operations, police may detain suspects without immediate explanation, though constitutional safeguards still require eventual disclosure. 8. A male officer can search A woman. A. Urgent Security Threat - If there is an immediate risk (e.g., the woman is suspected of carrying a weapon, explosives, or contraband), a male officer may search to prevent harm. - The search must be limited to what is necessary to neutralize the threat. B. No Female Officer Available - In rural areas or emergencies where no female officer is present, a male officer may conduct the search. - It must be done respectfully, ideally in the presence of another woman (civilian witness) or under supervision. C. Consent - If the woman voluntarily consents to be searched by a male officer, it may be lawful. - Consent must be free, not coerced. D. Medical or Specialized Search - If the search involves medical examination or body cavity inspection, it must be done by a qualified medical professional, not necessarily a policewoman. - Courts often require this to protect health and dignity. E. National Security / Terrorism Cases - Special laws may allow immediate search by any officer if delay could compromise national security. - Even then, the principle of dignity must be respected. Number 9 and 10 are very correct |
| Re: What The Police Are Not Allowed To Do During An Arrest by EmekaBlue(m): 12:55pm On Jan 04 |
What if Debt or Boyfriend and Girlfriend matter go bloody?! |
| Re: What The Police Are Not Allowed To Do During An Arrest by LabStores: 12:55pm On Jan 04 |
Lol Do all these also apply to the Nigerian police? THE NIGERIAN POLICE FORCE IS OF THE BEST AND DISCIPLINED IN THE WORLD ![]() |
| Re: What The Police Are Not Allowed To Do During An Arrest by Oludiary: 12:55pm On Jan 04 |
Story... You get right as a Nigerian? Meanwhile,What happened to Nairaland?...Before I went to Jail in the UAE in 2022, there were over 5m registered members and the site was buzzing with people like wesse90, osas etc.But now everywhere just dry with just 3m members.abeg make Una reason me. |
| Re: What The Police Are Not Allowed To Do During An Arrest by inoki247: 12:56pm On Jan 04 |
Abeg straight to Joke section.... Maybe another country Police.... |
| Re: What The Police Are Not Allowed To Do During An Arrest by EyeCumInPeace: 12:57pm On Jan 04 |
99% of Nigeria Police do not comply with these laws. Reason Nigeria is rightly tagged a ZOO. 😁 |
| Re: What The Police Are Not Allowed To Do During An Arrest by Achor1111(m): 12:58pm On Jan 04 |
coputa:Not NPF Not in Nigeria. Next |
| Re: What The Police Are Not Allowed To Do During An Arrest by Marvieduke(f): 12:59pm On Jan 04 |
In Nigeria that I know BAIL is not FREE |
| Re: What The Police Are Not Allowed To Do During An Arrest by Abee79(m): 12:59pm On Jan 04 |
These rules of police etiquette apply only to those who have sense. Even the "educated" policemen in Nigeria often behave like their brains are filled with cow dung, unfortunately |
| Re: What The Police Are Not Allowed To Do During An Arrest by sholikay(m): 1:01pm On Jan 04 |
Omo * 10000000000… In this Nigeria, it is the police right that matters, your own right is meaningless.. If you value your life and don’t want to gamble with it, just use wisdom with our policemen. Good bless Nigeria.. Nigeria shall be very great!. |
| Re: What The Police Are Not Allowed To Do During An Arrest by psalmsjob: 1:01pm On Jan 04 |
coputa: you just wan put poor Nigeria people for wahala with these so-called rights that are meant for rich people in Nigeria ![]() |
| Re: What The Police Are Not Allowed To Do During An Arrest by oluwaseyi0: 1:01pm On Jan 04 |
All these minor issues above God will not mind throwing you in hell fire for them Nigga doesn't understand civil or criminal issues |
| Re: What The Police Are Not Allowed To Do During An Arrest by Chucks13: 1:01pm On Jan 04 |
Sorry are you talking about Nigeria police or another country police? |
| Re: What The Police Are Not Allowed To Do During An Arrest by jeff1993: 1:04pm On Jan 04 |
This one no concern Naija police |
| Re: What The Police Are Not Allowed To Do During An Arrest by Benbisco(f): 1:04pm On Jan 04 |
coputa:Even the police themselves, do they know they are not supposed to do these things? |
| Re: What The Police Are Not Allowed To Do During An Arrest by Commanderinpips: 1:06pm On Jan 04 |
coputa:This is story for the gods as far as Nigeria is concerned. |
| Re: What The Police Are Not Allowed To Do During An Arrest by Judolisco(m): 1:07pm On Jan 04 |
u jst suceeded in mentioning all what Nigerian police do on a daily basis |
| Re: What The Police Are Not Allowed To Do During An Arrest by lordm(m): 1:08pm On Jan 04 |
Who be this one. Police don't care o |
| Re: What The Police Are Not Allowed To Do During An Arrest by adexbols(m): 1:09pm On Jan 04 |
The question is what should or can be done if the Police doesn't adhere to your rights. What are the citizens doing about it collectively? |
| Re: What The Police Are Not Allowed To Do During An Arrest by Aidoko2: 1:09pm On Jan 04 |
Except you want to scrap Nigeria police. This are their actual jobs discription |
| Re: What The Police Are Not Allowed To Do During An Arrest by Nobody: 1:09pm On Jan 04 |
coputa:Ironically, the Nigerian police see all these as their main job description. They do all these everyday without batting an eyelid, unprovoked, undeterred, unchallenged and with unrivaled boldness and impunity. That criminal organization should have been disbanded by now and a new one set up and monitored. |
| Re: What The Police Are Not Allowed To Do During An Arrest by IBB007(m): 1:10pm On Jan 04 |
lol…a trial will convince you…I don’t need to talk too much |
| Re: What The Police Are Not Allowed To Do During An Arrest by Drsnives(m): 1:10pm On Jan 04 |
Bail is free in which country? |
| Re: What The Police Are Not Allowed To Do During An Arrest by Nobody: 1:11pm On Jan 04 |
😁😁💪 I just saw the sync in opinion. 👍👍 Aidoko2: |
| Re: What The Police Are Not Allowed To Do During An Arrest by Drsnives(m): 1:11pm On Jan 04 |
Oludiary:Covid 19 did havoc my brother |
| Re: What The Police Are Not Allowed To Do During An Arrest by Nigerianlion(m): 1:12pm On Jan 04 |
You have the right to see the reason for arrest and to contact a lawyer or family — this is protected by law, though enforcement can vary in reality. |
| Re: What The Police Are Not Allowed To Do During An Arrest by kernniejay(m): 1:12pm On Jan 04 |
coputa:All these are when you are a powerful person or you are well connected. But if you are just a common Nigerian, forget, police will commit all manners of atrocities against you and even threaten to kill you and tell you that nothing will happen. |
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. They CANNOT search your body disrespectfully