DOJ issues advisory opinion on rules on Military/Police Checkpoints - 24 March 2011

http://www.doj.gov.ph/index.php?rt=&tsq1=67


IV. ADVISORY
The general public is hereby advised on the rules on military/police checkpoints as follows:


CHECKPOINT MUST BE WELL-LIGHTED, PROPERLY IDENTIFIED AND MANNED BY UNIFORMED PERSONNEL.
Checkpoint guidelines provide that all personnel manning legitimate checkpoints should be in service uniform with the name plates and other identification tags clearly visible and readable.


UPON APPROACH, SLOW DOWN, DIM HEADLIGHTS AND TURN ON CABIN LIGHTS. NEVER STEP OUT OF THE VEHICLE.
In a checkpoint inquiry, the occupants cannot be compelled to step out of the vehicle.[2]

LOCK ALL DOORS. ONLY VISUAL SEARCH IS ALLOWED.
The search which is normally permissible is limited to visual search where the officer simply looks into the vehicle and flashes a light therein without opening the car’s door.[3]

DO NOT SUBMIT TO A PHYSICAL OR BODY SEARCH.
The search which is normally permissible is limited to an instance where the occupants are not subjected to a physical or body search.[4]

YOU ARE NOT OBLIGED TO OPEN GLOVE COMPARTMENT, TRUNK OR BAGS.
The personnel manning the checkpoint cannot compel the motorist to open the trunk or glove compartment of the car or any package contained therein. Such extensive search requires the existence of probable cause.[5]

ORDINARY/ROUTINE QUESTIONS MAY BE ASKED. BE COURTEOUS BUT FIRM WITH ANSWERS.
Checkpoint involves only a brief detention of travelers during which the vehicle’s occupants are required to answer a brief question or two.[6]

ASSERT YOUR RIGHTS, HAVE PRESENCE OF MIND AND DO NOT PANIC.
The constitutional immunity against unreasonable searches and seizures is a personal right which may be waived. Affirmative acts of volition without being forced or intimidated to do so, shall properly be construed as a clear waiver of right.[7]

KEEP YOUR DRIVER’S LICENSE AND CAR REGISTRATION HANDY AND WITHIN REACH.
To avoid delay and inconvenience, ready the car registration documents for inspection, in case requested by authorities.

BE READY TO USE YOUR CELLPHONE AT ANYTIME. SPEED DIAL EMERGENCY NUMBER.
In case of violation in any these standards, cellphones can be used anytime to call emergency numbers:117 (PNP) or (02) 521-2930 (DOJ Action Center).

REPORT VIOLATIONS IMMEDIATELY. YOUR ACTIONS MAY SAVE OTHERS.
All violations shall be reported to the authorities to ensure steps are taken to investigate checkpoint violations.

This Advisory is issued in line with the thrust of the Department to take a pro-active stance and dynamic approach in criminal justice concerns and all are enjoined to observe this Advisory.

(signed)
LEILA M. DE LIMA
Secretary