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Home South Africa

Police angry as they are told they CAN’T search suspects for smelling of cannabis

Gilmore De Vries by Gilmore De Vries
September 11, 2020
in South Africa
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police cannot arrest stop search cannabis smell
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Police angry as they are told they CAN’T stop or search suspects for smelling of cannabis

In a surprising development, UK police have been told they are not allowed to stop or search suspects just because they smell of cannabis.

The Independent Office for Police Conduct (IOPC) said ruled police are prohibited from stopping someone because they smell of cannabis in a case involving a black cyclist and a police officer.

The ruling has not been received well by rank-and-file officers who feel smoking cannabis have now been decriminalised as their work has been made difficult.

Ex-Police chief inspector Mick Neville said, ‘At a time when crime is increasing, the police do not need any more barriers to stop them targeting drug users and dealers. If an officer smells cannabis on a person then this should be sufficient reason to conduct a search. We are reaching the stage where drug users could smoke a spliff in front of police, knowing full well that an officer can do nothing about it.”

 

The IOPC upheld a complaint made by the founder of Black Cyclists Network, Emmanuel Arthur who was ‘harrased and humuliated in public after being stopped by a police officer for smelling of cannabis.

The watchdog found the police officer’s reasons for the stop and search, under Section 23 of the Misuse of Drugs Act, were not enough.

The cyclist posted the video on social media being stopped by a metropolitan police officer, forced to remove his shoes and helmet.

Arthur posted on Instagram:

This afternoon at around 2.39pm at the junction of Woburn Pls and Euston Rd. I was detained and searched by a police officer under the suspicion of “smelling” of marijuana. I was harassed and humiliated in a public space.

To say that I am pissed off is an understatement. Luckily for me, fellow BCN members @schnappless and @urmyside were present and recorded the incident.

In short, I was waiting in traffic for a green light. Three police officers were crossing the road. The one in the video told me to reverse my bicycle back behind the white line were vehicles have to stop. I was not blocking the pedestrian crossing. .

I told the officer that I would be putting myself in danger if I reversed because a small HGV was sitting directly behind me and I would end up in the driver’s blind spot if I followed his instructions. I explained to the officer that usually there are cycle box lanes ahead of vehicle stop lines to protect cyclists and because there is a lack of one, I was using my common sense to avoid putting myself in danger.

The officer tried again but I resisted and he turned around to join his colleagues as they were walking away. The lights changed to green.

I was riding off to join Aaron and Hugo, who by that point were in the middle of the junction when I heard a call from the officer to turn back. .

I walked over to the officer on the pavement. He asked for my I.D. and informed me that he smelled cannabis on me during our exchange. As a result he needed to search me for possession. He searched me by the side of the road. Before the search, I asked him and his colleagues if they smell cannabis on me. They said yes. After the search. They conveniently said they did not smell cannabis on me. .

I am very annoyed at having to go through such a degrading and humiliating experience. It seemed to me like a gross abuse of power by an officer who tried to show off to his colleagues and made up a reason as retribution for his failed attempt

The officer then admitted he could no longer smell cannabis after putting Arthur through the search procedures.

IOPC regional director Sal Naseem said:

‘Stopping someone on the single ground of a suspicion of the smell of cannabis is not good practice and it’s right that the officer will have to reflect on this.

‘Our investigation found the officer had used the same approach on other occasions, but with people of all sexes and ethnicities. However, it’s still important to acknowledge that Mr Arthur felt racially profiled. The importance of police officers recognising, and being aware of, the disproportionate impact stop and search has on black communities in particular cannot be understated.’

https://www.instagram.com/p/B4-_PXClY23/

Police angry as they are told they CAN’T stop or search suspects for smelling of cannabis

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