Checkpoint cops must respect motorists who refuse body-search, vehicle inspection — PNP official

Police officers must respect motorists if they refuse body-search or inspection of vehicles at election-related checkpoints, Philippine National Police (PNP) chief information officer Police Brigadier General Red Maranan said Monday.

“Dapat irespeto ng ating checkpoint officers sapagkat ang pagkapkap ay hindi kasama sa plain view doctrine ‘yun, no. Talagang ‘yung nakikita lang ng naked eye ang che-checkin at ‘yung kontrabando na ating kukunin,” Maranan said in an interview on Dobol B TV.

(Checkpoint officers must respect this since body search is not included in our plain view doctrine. Those who are visible to the naked eye are the ones we will check and the [visible] contraband will be seized.)  

The plain view doctrine means motorists need only to lower their windows and turn on the lights inside their vehicles when passing through the checkpoints.

“’Yung pagkapkap, pagbukas ng glove compartment or box ng motor ay ‘yun naman ay kung may consent ng owner, puwede naman ‘yon. Kung sakaling tumanggi ang driver or operator ng motor ay hindi dapat pinipilit,” he added.

(Body search, opening of glove compartment will happen with the consent of the owner. In cases when the driver or operator reject being subjected to body searches and inspection, then they should not be forced.} 

If police officers doubt the motorists’ refusal to search the vehicles, Maranan said the authorities should courteously talk to the driver and ask them if they can check the motor box.

Warning shots

Meanwhile, Maranan said police officers are allowed to chase those who escape checkpoints but warning shots could only be fired if public safety is at stake.

“Nasa police operational procedure ‘pag may tumakbo sa checkpoint, ‘yun ay ating hahabulin by using our mobile cars or motorcycle,” he said.

(It is in our police operational procedure to chase those who ignore checkpoints. We will use our mobile cars or motorcycle.)

“‘Yung tinatawag natin na force continuum—’yung dapat may megaphone muna habang hinahabol siya, pinapatabi siya, pinapara at dapat ang tactical consideration mai-stop ang sasakyan at of course, dapat walang warning shot na gagamiitin ang baril unless otherwise, don sa pagtaya ng humahabol na officers ay talagang nalalagay na sa panganib ang publiko,” he added.

(We will enforce force continuum or the use of megaphones while giving chase and warning shots should not be resorted to unless warranted.) 

According to Maranan, PNP chief Police General Benjamin Acorda’s directive to the officers is to find contrabands that can be used to perpetuate violence in the coming 2023 Barangay and Sangguniang Kabataan Elections.

Acorda also directed to intensify the checkpoint operations to find wanted persons, he added.

While Acorda issued these directives, Maranan said police officers must always observe respect to human rights.

“Subalit sa pagpapatupad natin ng maigting ng checkpoint ay dapat po laging ma-o-observe by the letters ang ating police operational procedures at siyempre ‘yung pinaka importante sa lahat ‘yung strict observance of human rights,” he said.

(In conducting checkpoints, our police officers should always observe the police operational procedures and of course, the most important thing is strictly observe human rights.)

So far, Maranan said there are no major untoward incidents reported in their implementation of election-related checkpoints.

The Commission on Elections (Comelec) has started setting up checkpoints nationwide as part of the start of the election period for the 2023 BSKE.

The Barangay and SK elections will be held on October 30. — RSJ, GMA Integrated News