Constitutional Rights Violation: Arrest, Detention, And Search In Guyana.pdf

This case revolves around an individual, Eon Stephens (Appellant), who alleges violations of his constitutional rights during his arrest and subsequent detention by the Guyana Police Force. The key issues are the lawfulness of the Appellant's arrest, his detention, the search of his residence, and the seizure of his property.

Background:

- The Appellant was arrested without a warrant on December 11, 2018, at his home by members of the Guyana Police Force, including Sergeant Serabo (SNR).
- He was detained at the Criminal Investigation Department (CID) headquarters and later transported to a police station lockup.
- The Appellant's cellular phone and laptop computer were seized without a warrant or consent during the search of his residence.
- He was released on bail but had further brief detentions, including one on March 1, 2019.

Legal Arguments:

1. Unlawful Arrest:
- The SNR argues he had reasonable grounds to believe the Appellant committed a serious offense (conspiracy to commit felony) based on reports from three individuals.
- Article 139(1) of the Guyana Constitution allows arrest upon reasonable suspicion of a criminal offense.

2. Constitutional Violations:
- Articles 40 and 139-143 protect personal liberty and prohibit torture or inhuman treatment.
- The High Court ruled that the search of the Appellant's residence and seizure of his laptop were unconstitutional.
- Justice Damone Younge awarded $500,000 for breach of constitutional rights.

3. Legality of Detention, Seizure, and Passport Retention:
- The High Court found the arrest, detention, seizure of the cellular phone, and retention of the passport lawful.

Appeal:

The Appellant appeals both the quantum of damages awarded and the findings that certain actions were lawful.