Two weeks we told you about the police practice of snapping cell phone pictures of persons who they stopped and searched. Police press officer, Senior Superintendent Bart Jones - who is also an attorney - told the media that it's a useful tool - to assist police investigations, and to even ensure that persons are not beaten by police.
But, section 19 of the police act makes it precisely clear when and where police can take photographs of civilians. Those persons must be in lawful custody - not at a checkpoint or a stop and search.
And that's the same way the Attorney General feels about it - and according to his Cabinet colleague, that's just what he told them last week:
Hon. Boots Martinez
"Yes, that came up in the cabinet and the attorney general made it clear that if the police are doing that, they are cease and desist because that is illegal and so it was thrashed out thoroughly at the cabinet and the final decision after checking with the attorney general that what they were doing were illegal and so they need to cease and desist. Failing that, it might be costing government some money in terms of lawsuit. That was what was transcribed."
So, the position is that since the law gives the police no powers to take pictures when persons are just stopped and searched - it is unlawful and an invasion of privacy.
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