anything and everything about Philippine laws and jurisprudence

Tuesday, October 26, 2010

Rule on Police Check Points

"Not all checkpoints are illegal. Those which are warranted by the exigencies of public order and are conducted in a way least intrusive to motorists are allowed. xxx. For as long as the vehicle is neither searched nor its occupants subjected to a body search, and the inspection of the vehicle is limited to a visual search, said routine checks cannot be regarded as violative of an individual’s right against unreasonable search"(Abenes vs. Court of Appeals, G.R. No. 156320, February 14, 2007).

In the absence of probable cause, the authorities CANNOT:
1. Compel the passengers to get out of the car;
2. Conduct bodily searches; and,
3. Compel the motorist to open the trunk or glove compartment of the car or any package contained therein.

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