Post by FLT MEDIC on Nov 5, 2005 3:47:05 GMT 8
Your Rights in non-COMELEC Checkpoints.
In non-COMELEC checkpoints, the police and military are limited to following the "Plain View Doctrine" where they can only look inside your car with your dome light switched "ON" and/or they use their flashlights from the outside of the car through a single open window.
You can legally refuse to open anything inside your car like the glove compartment, center console, etc. if they don't have a search warrant specifying the things to be searched with details like serial numbers, your car's plate number, etc. unless from the outside they see the part of a gun, an AEG, gun parts, narcotics, explosives, etc. (and/or boxes/containers which have labels of these items) which gives them probable/legal cause to search your car.
You can legally refuse to open more than window at a time and/or refuse to talk to more than one police officer at a time. This is to prevent them from distracting you and then plant drugs in your car so they can extort money/property from you, arrest you, impound/search the whole car, etc.
You cannot refuse to show your driver's license, car insurance and car registration papers because under the LTO Code they can check it anytime.
Upon seeing an ordinary, non-COMELEC checkpoint:
1. Lock all doors and fully close all windows before stopping/reaching the checkpoint!
2. Half-open only the driver's side window unless the officer insists you fully open it.
3. Switch ON your car's dome/room light, hazard lights and switch OFF headlights if at night.
4. Discreetly list down the officer's name, rank, badge number, police car number, date, time and location of the checkpoint if possible.
5. Wait for the police to talk to you. Being impolite to a police officer is an LTO offense, a P150 fine and confiscation of driver's license whether you are in a checkpoint or not.
6. Politely refuse to open your glove compartment, center console, trunk, bags in the car, etc. saying you know your rights in a checkpoint and that they are limited to the "Plain View Doctrine".
7. Politely refuse to go out of the vehicle. At this point call your lawyer or family or someone who can help you. Only go out of the car if they are arresting you and pointing guns at you, telling you to leave the car. They can be charged with many offenses already at this point if it turns out to be a false arrest and more technical/legal reasons why your case should be dismissed.
8. Politely ask what you are being charged with and for your right to be visited by counsel/your lawyer when you arrive at the police station/precinct.
9. Hope the above works as it did for me 6 times the past decade. The above was my lawyer's advice after my first "abusive" checkpoint experience.
10. Always have your lawyer(s) cellphone/24 hr contact number(s) with you. Change your lawyer(s) if he/she can't be bothered any time of the day.
11. In addition, if you can, secretly record video or audio from inside your bag or car before the checkpoint so you'll have proof to the commanding officer his/her cop really got your toy gun/property if the cop won't issue a receipt for the confiscated item(s). It's your word against his so you'll need proof.
We can also call our lawyer or friend before the checkpoint and leave the phone calling and hidden so they can record/listen to the checkpoint conversation and be a witness just in case.
It's your phone and you are recording your own conversation from inside your private property - your pocket, bag and/or car. You are also not calling the cop manning the checkpoint so he has no legal right to claim he was wire-tapped.
If you record the audio, he can't claim it's a violation of his right to privacy because he's a public servant performing his duty in a public place, outside his office.
He can only confiscate audio/video recorders and cameras if you are taping inside his office, even if he's a public servant (his office/building, his rules).
In non-COMELEC checkpoints, the police and military are limited to following the "Plain View Doctrine" where they can only look inside your car with your dome light switched "ON" and/or they use their flashlights from the outside of the car through a single open window.
You can legally refuse to open anything inside your car like the glove compartment, center console, etc. if they don't have a search warrant specifying the things to be searched with details like serial numbers, your car's plate number, etc. unless from the outside they see the part of a gun, an AEG, gun parts, narcotics, explosives, etc. (and/or boxes/containers which have labels of these items) which gives them probable/legal cause to search your car.
You can legally refuse to open more than window at a time and/or refuse to talk to more than one police officer at a time. This is to prevent them from distracting you and then plant drugs in your car so they can extort money/property from you, arrest you, impound/search the whole car, etc.
You cannot refuse to show your driver's license, car insurance and car registration papers because under the LTO Code they can check it anytime.
Upon seeing an ordinary, non-COMELEC checkpoint:
1. Lock all doors and fully close all windows before stopping/reaching the checkpoint!
2. Half-open only the driver's side window unless the officer insists you fully open it.
3. Switch ON your car's dome/room light, hazard lights and switch OFF headlights if at night.
4. Discreetly list down the officer's name, rank, badge number, police car number, date, time and location of the checkpoint if possible.
5. Wait for the police to talk to you. Being impolite to a police officer is an LTO offense, a P150 fine and confiscation of driver's license whether you are in a checkpoint or not.
6. Politely refuse to open your glove compartment, center console, trunk, bags in the car, etc. saying you know your rights in a checkpoint and that they are limited to the "Plain View Doctrine".
7. Politely refuse to go out of the vehicle. At this point call your lawyer or family or someone who can help you. Only go out of the car if they are arresting you and pointing guns at you, telling you to leave the car. They can be charged with many offenses already at this point if it turns out to be a false arrest and more technical/legal reasons why your case should be dismissed.
8. Politely ask what you are being charged with and for your right to be visited by counsel/your lawyer when you arrive at the police station/precinct.
9. Hope the above works as it did for me 6 times the past decade. The above was my lawyer's advice after my first "abusive" checkpoint experience.
10. Always have your lawyer(s) cellphone/24 hr contact number(s) with you. Change your lawyer(s) if he/she can't be bothered any time of the day.
11. In addition, if you can, secretly record video or audio from inside your bag or car before the checkpoint so you'll have proof to the commanding officer his/her cop really got your toy gun/property if the cop won't issue a receipt for the confiscated item(s). It's your word against his so you'll need proof.
We can also call our lawyer or friend before the checkpoint and leave the phone calling and hidden so they can record/listen to the checkpoint conversation and be a witness just in case.
It's your phone and you are recording your own conversation from inside your private property - your pocket, bag and/or car. You are also not calling the cop manning the checkpoint so he has no legal right to claim he was wire-tapped.
If you record the audio, he can't claim it's a violation of his right to privacy because he's a public servant performing his duty in a public place, outside his office.
He can only confiscate audio/video recorders and cameras if you are taping inside his office, even if he's a public servant (his office/building, his rules).
Speed, Aggression and Surprise. MOLON LABE!