Car search in Non-Check Point areas

[BoyFerrari]

eto rin dahilan kaya i had to comply..may baril e. ang nakaka-yamot lang sa ganyan, pag sunuran ka palagi mas lalo ka aabusuhin.

I agree. Never quarrel with a person who is holding a gun. Maaring manalo ka sa debate during an argument, pero kung napikon sayo at binaril ka at natodas ka, bale wala yung pagka-panalo mo sa argument nyo. So just report the incident to the proper authorities.

OT:

Napanood nyo ba sa "24 Oras" sa GMA-7 yung incident na merong kotse nahagip ng taxi yung side mirror niya? Lumabas yung machong driver at pinag-sisipa yung taxi in broad daylight. At may hawak pa siyang hand gun sa kanang kamay at short-arm automatic sa kaliwang kamay. Isipin mo, papatay ka ng tao dahil lang sa side mirror. Meron talagang mga driver na utak ipis lalo na pag may hawak na baril. Huwag ka ng makipag-sabayan at bumawi ka na lang sa ibang paraan na legal.

Kailangan talaga natin ng mga abugado, tulad sa Amerika.

[kotiko]

A citizen may invoke his rights not to be searched, UNLESS it is in a check point. Being searched either physically or sa properties like the car and house without any search warrant is a violation of the Bill of Rights.

Well I think pwede mo invoke itong right na to, pero ang masama naman dito e lalong magkakahinala sayo na may "tinatago" ka.

[111prez]

Hindi ko lang sure ha, pwede nating tanungin si Atty. 111prez, pero kung planted man yung shabu or illegal substance na nakita sa loob ng kotse mo I think it cannot be used in court dahil it was obtained without a court-approved search warrant.

bro -- if the evidence was planted, then this is a defense and will be the basis of an acquittal.

in addition, even assuming that there were illegal materials/items, if these were seized without a proper warrant, it is inadmissible in court as evidence. this is covered by the "doctrine of the fruit of a poisonous tree" in constitutional law. the seized materials/items are the fruits while the poisonous tree is the lack of a proper search warrant or the illegality of the process. the poison of the tree poisons the fruits, in a manner of speaking.

of course, the illegal items continue to be in the custody of the court or police authorities and should be destroyed or impounded. it cannot be returned.

of course, there are also instances where a warrantless arrest, search and seizure is proper and the evidences admissible, such as, for instance, when a crime is being committed in the presence of a police officer.

at the end of the day, manatili pa rin ang wisdom when you are put in this situation. but in my experience, once these police officers know that you are a lawyer, umiiba ang diskarte nila at nagiging mas maingat

[EL Chicane]

Saan ba nakakabili ng "Lawyer On-Board" na windshield sticker?

[111prez]

Saan ba nakakabili ng "Lawyer On-Board" na windshield sticker?

LOL!

buti nalang hindi "BEWARE OF LAWYER"

LOL!

[boybi]

bro -- if the evidence was planted, then this is a defense and will be the basis of an acquittal.

how will you prove that the evidence was planted? especially if you don't have witnesses?

[baurtwellXUV]

daming ganito na pulis. minsan sa may banawe area. isipin mo sa madilim na street pa sila tsumetsempo. namimili ng sasakyan. and pinipilit na sila magsearch sa loob ng auto. hindi ako pumayag and nag insist ako na bawal yung gnawa nila. pwede yung ininstruct nila ako na buksan yung mga pouch and glovebox ba yun?! mga pasaway din ang mga pulis minsan.. gustong kumita ng pera

[moneywhiz]

ive heard numerous horror stories about policemen planting shabu on checkpoints especially in binondo chinatown......i always take the quiapo route when it is past 10pm to go home and avoid chinatown....but that is just me =)

[Monseratto]

Carjackers have new modus operandi
First posted 01:52am (Mla time) Sept 03, 2005
By DJ Yap
Inquirer News Service

A LITTLE after midnight on Aug. 27, businessman Peter Asuncion (not his real name) was driving his Toyota Vios along a Quezon City street, when he was blocked by a big, maroon car.

Four heavily armed men got out and introduced themselves as policemen assigned to a mobile checkpoint.

With an Armalite rifle pointed at him, Asuncion transferred to the other car, and was driven to a dark tunnel where they took his wallet, watch, and ATM and credit cards, as well as PIN numbers.

The men got Asuncion’s car and other valuables, and an amount he could only describe as “big.”

Asuncion is not the only victim. The stories are the same: a small group of burly men, brandishing high-powered weapons and introducing themselves as authorities, stop and rob the victims.

Police believe the same group is responsible for a series of carjacking incidents in Quezon City.

The group, said Quezon City Police District Anti-Carnapping Task Force and Unit chief Supt. Ceasar Tannagan, chose expensive cars and struck between 11 p.m. and 3 a.m.

Victims described the suspects as 30 to 45 years old, big, and “military-looking.” Their vehicles had sirens and blinkers. Asuncion said they seemed “too disciplined to be ordinary criminals.”

QCPD deputy director for operations Sr. Supt. Samuel Pagdilao advised motorists to avoid unlit roads late at night, and to call 117 if a vehicle with sirens tries to stop them.

[111prez]

how will you prove that the evidence was planted? especially if you don't have witnesses?

bro -- difficult but not impossible. evidence here has to be beyond the "he said, i said" argument.

character and reputation can be eivdence. if you are an upright member of society, with no police record whatsoever and other similar evidences, then this will be counted. alternatively, the reputation of the arresting officers will also be scrutinized. for sure kung mahilig mag plant ang mga ito, may mga reputasyon na ito. or perhaps may mga disciplinary records na ito. other evidences of time, place and circumstance can also be used. if the rules of engagement in checkpoints were being violated, this will be considered

and most of all, the fairness of the judge will also come into play. kung medyo pikon itong judge sa mga pulis, kawawa talaga ang mga pulis dito.

and, other extra legal strategies should also be used such as media and your local civic clubs, neighbors and friends

all i am saying is that if this happens, huwag tayong sumuko. may laban palagai so long as you are in the right and innocent and stand firm always