MINISTER of National Security Dr Horace Chang says “it is wrong” for the police to demand the password from people whose phones they have seized.

However, he has blamed the practice on the prevalence of lottery scamming in Jamaica.

“It’s wrong, but [it’s] something that the policeman has an inclination to do because scamming is what is causing our problem,” Chang said without elaborating.

He was responding to a question posed by a journalist to Police Commissioner Dr Kevin Blake at Wednesday’s post-Cabinet media briefing at Jamaica House.

Blake was asked whether it was legal for members of the Jamaica Constabulary Force (JCF) to demand from the owners the passcodes of phones they have seized. He was also asked whether it was legal for motorists to be ticketed for having daytime running lights attached to their vehicles.

“Let me first say that there’s a process and the process certainly is not coercing someone on that scene to give up their password,” Blake replied.

“There’s a process, and a court order has to be made, so it is not right; it is not legal [to demand the password], let me just make that clear. We have since communicated to our members when that came to our attention that that has been our practice [to desist],” Blake added.

On the matter of ticketing motorists for daytime running lights, the top cop said, “We’ve also communicated to members regarding the ticketing of running lights because if you look at the strict literature of the law itself, it allows certain things to happen, except the fact that these are lights that came with the vehicle and not necessarily placed on the vehicle.”

“There’s a little grey area there so what we’ve done, we have sent out communication to our members to desist from doing that. It is something that we need to look at within the legislation itself, but for the time being we have instructed our members not to continue that practice; it’s unfair to the motorist,” Blake elaborated.

Jamaicans have taken to social media to voice their objection to the police demanding the password for people’s phones, and many have been vociferous about being ticketed for running lights that came with their motor vehicles.

According to the Road Traffic Regulations 2022, all lamps that are fitted to the motor vehicle must be in good working condition; must be capable of being lit and properly secured; and must be kept lit during the period between half an hour after sunset and half an hour before sunrise and at any other time when, due to insufficient light or unfavourable weather conditions, people and vehicles on the road are not clearly discernible at a distance of 150 metres.

Significantly, no motorist is allowed to operate a motor vehicle on a road unless it is fitted with:

– Headlamps (regulation 86)

– Daytime running lamps (regulation 87) an automatic lighting device, installed in pairs (and in the case of a motorcycle, at least one) on the front of a motor vehicle, for the purpose specified in regulation 87.

The following lamps are prohibited without approval of the Island Traffic Authority:

– A lamp which, except in the case of a brake anti-lock warning light to the front of a trailer, emits a light which is not white, amber or yellow in colour, towards the front of the motor vehicle; emits a light, which is not yellow or amber in colour, towards either side of the motor vehicle; or except in the case of a direction indicator or reversing lamp, emits a light which is not red in colour, towards the rear of the motor vehicle (regulation 82 (1)

– Spot lamps (regulation 101)

– Revolving lamps (regulation 103).