NextGen Day

Senator Raffy Tulfo has introduced a bill that would govern police checkpoints in an effort to end unfair practices and major infractions committed by negligent and abusive checkpoint staff, particularly toward motorcycle riders.

Tulfo noted that police officers frequently stop riders at impromptu checkpoints and demand that each and every one of them immediately present several documents, like a license and registration, check their compartments, and even submit to body searches, without first explaining the reason for the checkpoint, pointing out any traffic violations, or having any reasonable suspicion that a violation has occurred.

On the other hand, he asserted that because four-wheel vehicles are not examined at the checkpoint, it appears that the staff is being selective in their searches.

To further avoid the profiling and discrimination of motorcycle riders, the proposed measure aims to set rules for checkpoints that must be “uniformly administered” for all motorists operating two, three, or four-wheeled vehicles.

“This bill intends to control checkpoint construction in order to prevent any other violations of people’s constitutional protections against unnecessary searches,” Tulfo added.

In conducting the inspection of all vehicles during a normal checkpoint, he stated that the “plain view doctrine” must be followed.

“The conduct of inspection of all vehicles, including motorcycles, during a routine checkpoint, is limited to a visual search, occupants are not subject to a physical or body search, and therefore must be done with due respect to the innocent passers-by, commuters, or bystanders, and must be conducted in a manner with the least inconvenience to the public,” states SB 1977.

According to Tulfo, without the drivers’ consent, police cannot order them to exit their vehicles or motorcycles to inspect them or submit to a bodily or physical search.

In accordance with his proposal, police officers manning checkpoints may only request to view a driver’s license and registration if they notice any traffic infractions, such as a defective light, a plate without a number, or a rider who is not wearing a helmet.

Only when police officers have a solid suspicion that a crime was committed just before or during the checkpoint can they move further with the “stop and frisk” procedure?

The bill mandated that “due civility” be extended to commuters, traders, and motorists while the checkpoint was in operation.

“Police employees deployed to the checkpoint shall not molest, extort, or harass drivers, passengers, and traders,” the document continued.

In addition to any administrative sanctions that may be imposed by the Revised Penal Code, including any administrative sanctions that may be imposed by legislation, any breach of the provisions of this Act shall be penalized with the corresponding punishment established by the Revised Penal Code.

No issues

The police force, on the other hand, praised the initiative but made it clear that the establishment of checkpoints is a standard component of security operations.

Col. Jean Fajardo, a PNP spokeswoman, responded when asked for comment, saying, “We recognize that there are times when riders are inconvenienced by checkpoints, but we want to appeal to everyone that the PNP is not doing this to disturb motorists but to safeguard the safety of everyone.

According to Fajardo, the PNP is prepared to offer suggestions for the proposed legislation and will keep enacting policies that will enhance law enforcement operations.

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