Police propose changes to search laws, seek expanded surveillance powers

Fiji Police are proposing expanded constitutional powers to carry out digital surveillance and conduct warrantless searches in urgent situations, saying current laws are outdated and hinder responses to modern crime.

In a submission to the Constitutional Offices Commission yesterday, Senior Superintendent of Police Viliame Soko said cybercrime and transnational organised crime have evolved faster than existing legal frameworks.

He referred to Section 24 of the Constitution, which protects the right to privacy, as an area requiring clarification.

According to Mr Soko, uncertainty around the limits of digital surveillance has led to hesitation among officers, who fear legal repercussions when using advanced investigative tools. 

“The current legal landscape does not sufficiently account for the volatility of digital evidence,” Mr Soko said.

“By the time a warrant is secured, critical information may already be encrypted, deleted, or permanently lost.” 

To address this, the Police Force is proposing amendments that would explicitly allow digital covert surveillance and communication interception under judicial oversight.

In addition, officers would be permitted to conduct searches or make arrests without a warrant in situations where there is a reasonable belief that evidence could be destroyed. 

Mr Soko described these measures as essential in preventing what he termed “frustrated justice,” where procedural delays undermine the ability to prosecute crimes effectively. 

However, he stressed that the proposed powers would be tightly regulated. Safeguards would include a “reasonableness test” requiring officers to justify their actions, mandatory documentation of decisions, and continued judicial oversight, particularly in cases involving surveillance. 

The proposals also call for clear legal definitions of national security and public safety thresholds to prevent misuse and protect the rights of law-abiding citizens. 

Mr Soko said modern policing must shift toward an intelligence-led approach, where proactive intervention is key to preventing crime rather than responding after the fact. 

“In matters of national security, the ability to intercept communication can be the difference between stopping a crime before it happens and investigating it after damage is done,” he said.