What to do when flagged down by cops?

[Juzam Djinn]

I dont know if this should belong to this section... mods pakilipat na lang kung saan appropriate yun thread.

Ask ko lang kung ano SOP ng mga pulis sa pag-flag down ng motorist?

Yesterday, Friday the 13th, I was with my fiancee at papaluwas kami ng manila so sa may balintawak cloverleaf na kami papa-akyat papunta monumento then pinara kami ng 2 pulis(yun isa may m16 pa at nakaupo sa may hood ng patrol car) so ako naman tumabi ako in front of their patrol then binaba ko yun bintana tapos tinanong ko yun pulis kung ano violation ko then sabi nya tint daw so sinabi ko sa kanya kasi sa fiancee ko yun at syempre babae yun driver so kelangan medyo tinted talaga (sa fiancee ko talaga yun sasakyan) tapos hiningan ako ng licensya at rehistro ng sasakyan saka tinanong kung may baril na dala at pinababa ako ng sasakyan (medyo nakaumang na rin yun kasama nya na naka m16) since wala naman ako alam na violation at walang ginagawang illegal eh di bumaba ako while yun m16 ng kasama nya eh nakatutok sakin (i cant blame them, malaki kasi ako eh!) tapos kinakapkapan ako nung kasama nya. binigay ko yun lisensya ko tapos nakita nila na may hand gun license ako. nung makita nila yun medyo bumait sila sa kin (bakit kaya?) then thorough search sila sa sasakyan which is ok lang naman since i am not really fond of bringing guns (baka makadisgrasya pa) tapos habang nagsesearch eh kinukwentuhan ako nung pulis telling me that i should get a PTC dahil sa dami na daw ng kriminal ngayon pero sabi ko mahigpit ang crame at kailangan ng police report na may threat ka sa buhay mo. sabi nung isang pulis "barilin mo yun gate mo then pagawa ka ng report".

Di ko masasabi na rant eto pero gusto ko lang maliwanagan. paano ba dapat ang gagawin kapag pinara ka ng pulis at gusto i-search sasakyan mo?
Wala naman kasi nakalagay na checkpoint dun at dalawa lang sila. Di rin naman sila LTO or traffic enforcer... kinabahan nga ako after makaalis kami kasi pwede sila mag-plant ng kung ano sa sasakyan, the way the police conducted the search medyo di malabo mangyari yun. Siguro pumayag lang ako since "in good faith" at tiwala ako sa kanila dahil wala naman ako ginagawa kalokohan.

there are lotof abusive cops out there. even if we have laws the problem is the implementation. now there is a saying " ignorance of the law is not an excuse from compliance therewith".

here are some important information to remember i hope this helps:

Article 3 bill of rights section 2 states:

[SIZE=5]The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.[/SIZE]

[SIZE=5]they cannot insist on searching your car if you dont allow them to do so. there are a lot of charges you can file like for ex:[/SIZE]

[SIZE=5]if they arrest you because you refused to have your car search. you can charge them of violation of the revised penal code as follows:[/SIZE]

Art. 124. Arbitrary detention. — Any public officer or employee who, without legal grounds, detains a person, shall suffer;

• 1. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period, if the detention has not exceeded three days; 2. The penalty of prision correccional in its medium and maximum periods, if the detention has continued more than three but not more than fifteen days;
  3. The penalty of prision mayor, if the detention has continued for more than fifteen days but not more than six months; and
  4. That of reclusion temporal, if the detention shall have exceeded six months.

The commission of a crime, or violent insanity or any other ailment requiring the compulsory confinement of the patient in a hospital, shall be considered legal grounds for the detention of any person

--CHECK POINTS ARE SUBJECTED FOR VISUAL SEARCHES ONLY UNLESS THERE IS A PROBABLE CAUSE FOR THEM TO SEARCH YOUR CAR . AND THEY SHOULD BE CONDUCTED IN A WELL LIT AREA. FOR EX:

THEY VISUALLY SAW YOUR GUN OR ANY WEAPON OR DRUGS.

FINAL WORDS :

IF THEY INSIST ON SEARCHING YOUR CAR CALL THE POLICE. I MEANT OTHER POLICE WHO ARE LOCATED IN YOUR JURISDICTION OR CALL 117 FOR GLOBE USERS. OR BETTER YET CALL THE PRESS. I HOPE THIS HELPS.

here are other helpful information :

As a rule, a valid search must be authorized by a search warrant duly issued by an appropriate authority. However, a warrantless search can be made in the following cases:

• (a) moving vehicles and the seizure of evidence in plain view; (b) as long asthe vehicle is neither searched nor its occupant/s subjected to a body search, and the inspection of the vehicle is merely limited to a visual search;
  (c) when the occupant(s) of the vehicle appear to be nervous or suspicious or exhibit unnatural reaction;
  (d) if the officer conducting the search has reasonable or probable cause to believe that either the occupant(s) is a law offender or that the instrumentality or evidence pertaining to the commission of a crime can be found in the vehicle to be searched; and
  (e) on the basis of prior confidential information which are reasonably corroborated by other attendant matters