To video yourself obstructing a LEO in the fulfilment of his duties & then arrogantly post it to Facebook asking for details of the LEOs superiors is an interesting scenario.
Section 12 of the constitution & the Bill of Rights places high value & emphasis on the right to personal freedom. Arrest is one of the most severe limitations on freedom.
However – In terms of the Criminal Procedure Act there are many situations where a LEO may reasonably plac a member of the public under arrest without a warrant, including:
– anyone who commits or attempts to commit any offence in the presence of a LEO; (assault, obstructing justice & aggression are all criminal offenses)
– anyone whom the LEO reasonably suspects of having committed an offence;
– Anyone who WILLFULLY OBSTRUCTS A LEO IN THE EXECUTION OF HIS/HER DUTY;
In our opinion this traffic LEO remains remarkably calm. He may have made some errors, however the aggression displayed & the deliberate obstruction by the people recording the video is enough reason for arrest.
The antagonist attitude shown toward the LEO is disgusting:
– The truck is parked illegally – that should be where the issue ends;
– Pushing a LEO is a crime;
– Refusing to allow the driver to show his licence is highly suspicious & is clear obstruction;
– Speaking to a LEO aggressively is obstructing justice;
– In terms of the law, pointing a finger in someone’s face is classified as common assault. Blocking & crowding the traffic LEO is also common assault.
– An assault is when someone makes a person fear the use of immediate force against them. This could be a pointed finger, a shoulder or chest bump, a raised fist, or running a finger across a throat. Physical contact is not necessary for common assault to take place. In our opinion the people taking the video are aggressive & display signs of intent to use force against this LEO.
Remember – Law Enforcement Officials may also search people being arrested without a warrant.