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What The Police Are Not Allowed To Do During An Arrest - Crime (3) - Nairaland

Nairaland ForumNairaland GeneralCrimeWhat The Police Are Not Allowed To Do During An Arrest (14876 Views)

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Re: What The Police Are Not Allowed To Do During An Arrest by JuanDeDios: 1:38pm On Jan 04
Hmmmmm2024:
- 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.
That would require a probable cause.
Re: What The Police Are Not Allowed To Do During An Arrest by missionmex(m): 1:45pm On Jan 04
Oludiary:
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.
People like helinuus and his band of political analyst don pursue them finish because of their mental health.
Re: What The Police Are Not Allowed To Do During An Arrest by Kevineleven(m): 1:47pm On Jan 04
They are likely to shoot you during the argument and frame your corpse to be that of an armed robber killed in combat.
Use your Common sense when you are dealing with these people.
Re: What The Police Are Not Allowed To Do During An Arrest by YoungLionken(m): 1:49pm On Jan 04
Hmmmmm2024:
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
You didn't write much about number one, please elucidate on it if you don't mind, thanks...
Re: What The Police Are Not Allowed To Do During An Arrest by igwethompson854(m): 1:52pm On Jan 04
Enemies of peace in the country, the writer should also lecture the public on the effect of assault to police during arrest and the consequences of refusing arrest, useless people, as a good citizen that need peace between the police and the public, you should have been neutral while you lecture on both good and bad taking by the both parties, but remember police didn't just come to arrest civilians, it was a complaint made by civilians that prompted police actions
Re: What The Police Are Not Allowed To Do During An Arrest by abbasajao(m): 1:53pm On Jan 04
Are Nigeria police aware of these?
Re: What The Police Are Not Allowed To Do During An Arrest by donMIG(m): 1:53pm On Jan 04
Naija wei we deihuh?
Yesterday sef for mararaba I c them arrest one guy cos he looked expensive
We know all these things but who ur papa b matters
Re: What The Police Are Not Allowed To Do During An Arrest by DeepSight(m): 1:55pm On Jan 04
"Bail is free" is the biggest joke in Nigeria.
Re: What The Police Are Not Allowed To Do During An Arrest by thomas2024: 1:56pm On Jan 04
Oludiary:
I actually just got back home…dont worry I would write an article about it soon
Thanks make sure to tag me here. I’m a writer by the way and I think I may incorporate it into one of my works for people to learn. Looking forward to learning from you.

Compliment of the season brother
Re: What The Police Are Not Allowed To Do During An Arrest by 7upnigeria: 1:58pm On Jan 04
coputa:
They do because many Nigerians don't know their rights,if the police know that you know your rights,they will avoid you
Tou need your sense to be working perfectly when dealing with Nigerian police. All these ones you just wrote here.
Re: What The Police Are Not Allowed To Do During An Arrest by Pat081: 2:00pm On Jan 04
Kobojunkie:
First, know your right than you will be able to get or demand better treatment or even she like some Nigerians have been able to. If you know your right, you will know to use the law in your favor against those oppressing you. 🥱🥱🥱🥱
Sir /Ma we have law before but now no more law ,if anything happened between you & police with guns ,just tell them am very sorry sir that will not kill you. if you know that you are on you right sef telling you what I know
Re: What The Police Are Not Allowed To Do During An Arrest by pepericozi: 2:00pm On Jan 04
Is the writer of this Article a Nigerian?
.
Re: What The Police Are Not Allowed To Do During An Arrest by Pat081: 2:01pm On Jan 04
Kevineleven:
They are likely to shoot you during the argument and frame your corpse to be that of an armed robber killed in combat.
Use your Common sense when you are dealing with these people.
God bless sir
Re: What The Police Are Not Allowed To Do During An Arrest by Kobojunkie: 2:07pm On Jan 04
Pat081:
Sir /Ma we have law before but now no more law ,if anything happened between you & police with guns ,just tell them am very sorry sir that will not kill you. if you know that you are on you right sef telling you what I know
Go ask people like Jude Bella, Sowore, and all others in that same Nigeria still using those laws to get by each day. Then come lecture me about laws in Nigeria. 🥱🥱🥱
Re: What The Police Are Not Allowed To Do During An Arrest by MrSly(m): 2:09pm On Jan 04
coputa:
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
Only if wishes were horses. Nigerians know all these and more but even nigerian lawyers can't even navigate through these things when caught up police web.

In animal kingdom the only law is survival just like in nigeria.
Re: What The Police Are Not Allowed To Do During An Arrest by vinityermie(m): 2:10pm On Jan 04
coputa:
They do because many Nigerians don't know their rights,if the police know that you know your rights,they will avoid you
Bros it's not about knowing your right, it's about knowing people in high places.
Re: What The Police Are Not Allowed To Do During An Arrest by IJAYA001(m): 2:14pm On Jan 04
dederocs:
Bail is definitely not free
Even lawyers are paying bail fee on their client in police station.

Dey play.
Re: What The Police Are Not Allowed To Do During An Arrest by opera1(m): 2:16pm On Jan 04
I was trying to believe these stuff until I got to number 10, then I realised that these stuff were not made for Nigerian Police
Re: What The Police Are Not Allowed To Do During An Arrest by Mirasteel: 2:20pm On Jan 04
They do everything on that list.
Re: What The Police Are Not Allowed To Do During An Arrest by Lostprince(m): 2:20pm On Jan 04
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[/quote]Bail is not free like you mentioned here please
Re: What The Police Are Not Allowed To Do During An Arrest by onuman: 2:21pm On Jan 04
coputa:
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
Which police? Not for the police in the southeast. Those in the southeast are not doing policing, they are extortionists.
Re: What The Police Are Not Allowed To Do During An Arrest by begge: 2:21pm On Jan 04
Not this country called Naija, your phone will be seized, if care not taken your two teeth will be pull off
Re: What The Police Are Not Allowed To Do During An Arrest by onuman: 2:23pm On Jan 04
Only when State or regional policing system comes.
Otherwise, Nigeria police merely serve as guards of tenures of elected politicians.
Re: What The Police Are Not Allowed To Do During An Arrest by Miramonica: 2:26pm On Jan 04
OP, you should write "Note: This is only applicable to the rich and influencial", so we can understand you better na.

In Nigeria, the law is so weak for the rich, and very strong for the poor.


Or better still change the caption to something like this "What the police are not allowed to do during an arrest outside Nigeria"
Re: What The Police Are Not Allowed To Do During An Arrest by Jumbojax(m): 2:31pm On Jan 04
oluwaseyi0:
All these minor issues above God will not mind throwing you in hell fire for them

Nigga doesn't understand civil or criminal issues
Na your sin dey carry you go where corruption can thrive, Christ died so you can believe and escape that corruption...this narrative don dey Taya pesin shuu
Re: What The Police Are Not Allowed To Do During An Arrest by Bwilliam(m): 2:35pm On Jan 04
This is the part that we throw our heads back and laugh...ready?
Hahahahahahaha.
Re: What The Police Are Not Allowed To Do During An Arrest by AyoolaIgwe(m): 2:35pm On Jan 04
You failed to quote relevant sections of the constitution that corroborates your points. How do we believe this?
coputa:
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
Re: What The Police Are Not Allowed To Do During An Arrest by jehoha696(m): 3:16pm On Jan 04
Hahahahahahahahashashahahahahahahahahahahahahahahahahahahahahahah.....shey naw around 9pm for express road u wan tell.police "I know my right.." "You aren't allowed to search my phone" When one OC first give u slap or use gun hit you for waist.... When police put u for counter without connection beta drop something for counter,or else naw from court room to awaiting trial... JUST PRAY MAKE NAIJA DEMON IN BLACK ATTIRE CALLED POLICE REASON YOU THIS YEAR
Re: What The Police Are Not Allowed To Do During An Arrest by Confirm4real(m): 3:45pm On Jan 04
Not our Nigerian Police my dear cheesy
Re: What The Police Are Not Allowed To Do During An Arrest by Oracleee: 3:57pm On Jan 04
This thread is obviously not Nigerian police related.
Re: What The Police Are Not Allowed To Do During An Arrest by GravityDefier: 3:57pm On Jan 04
😂, someone said you just posted their job descriptions 😂
Re: What The Police Are Not Allowed To Do During An Arrest by professore(m): 4:11pm On Jan 04
Okay
1 2 3 4 Reply

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