Policemen inspect vehicles at a Cebu City checkpoint during the Asean ministerial meetings in this July 20, 2017 file photo.
THOSE who experienced intrusive searches at Mandaue City’s checkpoints should report them to the Commission on Human Rights (CHR-7) or the Philippine National Police’s Human Rights Affairs Office (HRAO).
Regional CHR-7 Director Alvin Odron said this in response to reports of motorists and passengers being told to get out of their vehicles or open their bags for inspection by police manning the checkpoints.
“Jurisprudence lays down the rule that in a checkpoint, a vehicle should neither be searched nor its occupants subjected to a body search,” Odron said.
He said the PNP Operational Procedures manual stated that searches made at checkpoints shall be limited only to visual search.
“Neither the vehicle nor the occupants shall be subjected to physical search or require the passengers to alight from the vehicle,” Odron said.
Odron said the opening of bags or disembarking from vehicles can only be valid if the person being searched voluntarily subjects himself to such inspection.
Odron also clarified that consent given under impression of intimidation or coercive circumstances cannot be deemed valid.
“They should not be forced, otherwise, it becomes unlawful, and any evidence obtained thereto cannot be used against him on the premise that it is a fruit of a poisonous tree,” Odron said.
Odron clarified that “intrusive” searches can be valid during checkpoints if there is probable cause to believe before the search that either the motorist was a law offender or that they would find the evidence of a crime in the vehicle.
A stop-and-search without warrant can also be made on the basis of prior confidential information, Odron said.