proper procedures

[the_noise]

Question lang, particularly sa mga lawyers...

Pag sa checkpoint, di ba merong tinatawag na plainview doctrine? If cops flag you down at a checkpoint, they can ask for ID and the car's registration, but they can only inspect the car from outside. Pwedeng hindi ka bumaba, pwedeng di mo buksan ang oto para papasukin ang mga pulis.

Is this correct so far?

E pano yung mga TMG naman na nagiikot sa mga tambayan ng car enthusiasts? If I'm just parked and standing by my car, pwede ba akong hingan ng license and registration? Pwede bang pabuksan ang engine bay to check for the body and engine numbers? Wouldn't they need a search warrant, or at the very least probable cause to do that?

Curious lang ako kasi I witnessed some TMG peeps na lumapit sa mga nakatambay lang. I'm not sure if that was legal.

Personally wala naman akong sabit since nearly all stock ako, but I'd really like to know what my rights are pag dating sa ganyan.

Thanks po sa mga sasagot!

[torque2006]

They can't go in, unless there's "probable cause". All they can do is use their flashlights. My lawyer friend also told me they can't even ask you to open your glove compartment.

I've been flagged down once, went to tagaytay and straight to alfonso with my girlfriend, road trip lang. Last February to be exact. The police had a check point just befor alfonso. It's 12AM, and since we're the only one in the road they flagged us down. The police were courteous, they asked us were we came from and got an ID from me. They listed my name and plate number, then three policemen went around the vehicle, flashlights pointing inside. It took one minute and we're good to go.

[fearless]

tama nga po, bawal nga yung papasukin mo sila sa kotse mo,under the law, your car is just like your house it's also considered your private property and unless may warrant, they can't inspect your vehicle,kahit na nga yung pagtatayo ng check point, alam ko bawal din, it's also against our rights,kasi ganyan din dati ang tinanong ko sa cousin kong lawyer about checkpoints, at yun na nga ang sabi niya.

kaso siyempre pag nandiyan ka na sa checkpoint,wala ka nang magagawa at hindi ka din pwedeng makipag argue sa mga police at tiyak arrestado ka.

pero kung wala ka namang itinatago, bakit ka matatakot?,kasi karamihan dito pag nasa checkpoint na, kinakabahan, kaya ayun nagmumukha tuloy kahinahinala yung mga naikikilos nila, kaya maghihinala na yung pulis, dun na magkakaroon ng gulo.

[Pencils]

They don't have the right but they have the power.


Pencils

[Bogeyman]

I remember one night, nung napadaan kami sa kanto ng Katipunan and Aurora Blvd. (near St. Bridget Academy). May police checkpoint dun, so nakasama kami sa pila.

There was this serious-looking police officer hovering around our vehicle while shining his flashlight through our tinted windows, as if he were waiting for something. Eh kami naman ni misis, nakaupo lang at nakatingin sa kanya; nagtataka din kami kung ano'ng hinihintay niya. After 30 seconds of waiting, curiosity got the better of me, and I lower my window to ask him.

Pagkababa pa lang ng salamin, a look of relief crosses the officer's face, and he remarks, "Ay salamat, nagbukas din ng bintana si sir."

[mbeige]

So yung mga nasa security checks like in Megamall, hindi pwede pabuksan yung trunk dahil inside na yon ng sasakyan?

[oldblue]

yah sure you can invoke your rights pero pag naabutan kayo ng ganyan sa isang checkpoint tapos tatlong naka-armalite sa liblib na pook sa UP at 1am, wala kayo magagawa like what happened to me some 7 years ago

[VtEC]

Related nadin siguro ito, pag nahuli kaba ng pulis on a violation say speeding, kailangan bang kunin ang lisensya?sa ibang bansa kasi ticket lang bibigay ng pulis.

[redorange]

So yung mga nasa security checks like in Megamall, hindi pwede pabuksan yung trunk dahil inside na yon ng sasakyan?

That may be a different case because you are going to a private property, and if a search is one of their requirements to enter then you either abide by it or turn your car around and leave.

Pagkababa pa lang ng salamin, a look of relief crosses the officer's face, and he remarks, "Ay salamat, nagbukas din ng bintana si sir."

As far as having a fully tinted car in which the officer can't easily view the inside, it may be better to lower the window before approaching the officer for your safety and his also.
This alone lets you know how officers feels when they can't see the inside of a vehicle they are approaching regardless of it's in the Philippines or in the US.

[Galactus]

And one important thing to remember is that a checkpoint should be well-lighted, properly marked and should be supervised by a PNP officer (at least with the rank of Inspector).

But the thing is: it's 1:00AM, there are no other cars/witnesses in sight, and the checkpoint is manned by officers wielding high-powered firearms (who incidentally look like goons), and they ask you to get down from the car, open your trunk and glovebox and inspect your vehicle, would you have the temerity to say NO and invoke your rights?

[pobreparin]

marami na nga akong nababasa regarding sa TMG car na tumatambay sa places like macapagal area....then lumalapit daw talaga sa mga naka-park na naka-setup na mga kotse(or those which looks like kargado ang makina) at pinapabuksan ang hood to inspect the engine...walang magawa yung mga motorista kundi ang sumunod....sino ba naman ang hindi susunod, eh 3 to 4 ung nakapalibot sa yo na may armalite.....sana ma-caught in the act ito ng mga media groups....

[mbeige]

And you're all assuming the officers are genuine officers. What if carnapping gang yan posing as checkpoint officers? Hay, dilemmas, dilemmas!

[Yoda]

pero kung wala ka namang itinatago, bakit ka matatakot?,kasi karamihan dito pag nasa checkpoint na, kinakabahan, kaya ayun nagmumukha tuloy kahinahinala yung mga naikikilos nila, kaya maghihinala na yung pulis, dun na magkakaroon ng gulo.

Can't be helped given the reputation of the police in our country. I know it's not fair to generalize, but until they can improve the public's perception of them, people will continue to fear them instead of feeling safe in their company.

Maybe someday...

[praetorian]

Yes, the police have no right to ask you to get out of your car and open your trunk, etc for inspection, unless they have probable cause. The existence, though, of probable cause is difficult to asses; some cases tell us it's more than a mere suspicion but others have been more linient towards the explanations given by police. In the case of those hanging around places where car-enthusiasts usually gather, the cops might claim they were suspicious of the cars there and decided to make sure all were legit.

However, note that probable cause is only applicable to government agents, i.e. if a security guard forces you to open your trunk while going to the mall parking and he finds some unlicensed firearm or drugs inside, for example, you cannot claim that the search was illegal since the one who found it was a private person. There's a case taught in law school involving courier service employees who found drugs in a box meant to be shipped and the court allowed the drugs to be presented into evidence even if the accused claimed it was inadmissible since there no probable cause for the search since the courier service employee was not limited by probable cause, that is reserved only for agents of the state.

[Bogeyman]

As far as having a fully tinted car in which the officer can't easily view the inside, it may be better to lower the window before approaching the officer for your safety and his also.

Nowadays, when we come through a police checkpoint at night, all I do is slow down to crawling speed while my wife switches on the cabin lights to increase interior visibility. Apparently, that alone would satisfy a local police officer.

[leolop]

i also lower my windows and open the cabin lights when there's a check point.

just to add to the advise given here, the worst thing you can do at a check point is to suddenly get out of the line and make a rapid U-turn to get away. this has been held to be sufficient probable cause for the cops to come after you.

[j_avonni]

i also lower my windows and open the cabin lights when there's a check point.

just to add to the advise given here, the worst thing you can do at a check point is to suddenly get out of the line and make a rapid U-turn to get away. this has been held to be sufficient probable cause for the cops to come after you.

At 3 AM, months ago, I was on my way to airport. At the corner of Belfast St. and Quirino Ave.,Novaliches, there was a police checkpoint. After turning right to Belfast, I was signaled to stop and I pulled over.

I opened my window, lit my interior lights, and greeted the police officer, "Good morning".

He peeped inside the car and asked what was the traveling bag for. I answered, I'd be flying to Tacloban. Then, he let me go.

[redorange]

i also lower my windows and open the cabin lights when there's a check point.

just to add to the advise given here, the worst thing you can do at a check point is to suddenly get out of the line and make a rapid U-turn to get away. this has been held to be sufficient probable cause for the cops to come after you.

Another thing to always do is have your hands in plain view like on the steering wheel, do not reach for anything without letting the officer know what you intend to do.