Constitutional Rights of Person Affected by Police Operations

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CONSTITUTIONS, STATUTORY LAWS, AND THE POLICE

THE CONSTITUTION AND THE POLICE

Constitutional policing promotes a keen awareness of the civil liberties of society. Police forces shouldn’t just be asking what the Constitution allows them to do. They should be actively working to protect the civil rights of the people they are policing.

At its most fundamental, constitutional policing is legal policing. Law enforcement agencies and officers are beholden to the Constitution, court decisions, and other local laws and regulations. Constitutional policing operates within the parameters set by those documents, regulations, and court rulings. AND THE TRUE constitutional policing goes above and beyond the letter of the law.

This impacts everything from use-of-force to interacting with mentally ill suspects. By seeking to protect people’s constitutional rights in every interaction, police can improve community relations and build public trust. But because of the traditional form of policing whose color is mixed with the military orientation, such legal forms of policing are tainted with some forms of actions that need to be regulated. Sometimes the essence of RIGHTS AND LIFE are at stake when things get worst during police engagement or encounter making the life of everyone in the community threatened.

This is the reason why many countries including the Philippines have a lot of guides and procedures for law enforcement to remind them of their limitation in their effort TO SERVE AND PROTECT. This is the reason probably, why there are several oversight bodies and disciplinary mechanisms existing to check the ACTION OF THE POLICE.

UPHOLDING THE RULE OF LAW

The relationship between law enforcement and the communities they serve can be fragile. Officers can’t do their jobs effectively if people don’t trust the police. And people won’t trust the police if they believe that officers care more about public safety than about civil rights. Establishing and maintaining trust is essential. Constitutional policing is the foundation for that trust.

When law enforcement agencies abide by the Constitution, members of the public are more likely to view police actions as legitimate. The community will know they can trust police officers to act in ways that are respectful, appropriate, and just. This makes them more likely to cooperate with the police. And this, in turn, makes it possible for police departments to achieve goals such as reducing crime.

It is through this that the need to educate the public about what should they do when they are engaging with the police becomes apparent. Likewise, the police also must be guided properly on what to do, the reason why almost all police in the world undergo “BASIC TRAINING” to ensure their competency in the performance of their assigned task. Our literature in this module is an excerpt from the CITIZEN’S PRIMER ON LAW ENFORCEMENT” for everyone TO LEARN WHAT TO DO WHEN THEY ARE AFFECTED BY LAW ENFORCEMENT OPERATION”.

 

GENERAL INFORMATION:

OPERATIONS YOUR POLICE FORCE UNDERTAKES TO PROTECT AND SERVE COMMUNITIES

The PNP is mandated to enforce the law, prevent and control crimes, maintain peace and order, and ensure public safety and internal security with the active support of the community.

The PNP provides a range of services and conducts operations to achieve and maintain peace and order, and ensures that our communities are safe. These services range from looking for missing persons, issuing police clearance and anti-carnapping clearance, assisting other organizations and victims during emergencies and disasters, providing community policing through beat patrols, peacekeeping, and counseling, providing security services during holidays and special occasions, issuing fIrearm licenses, to executing court orders.

The PNP also undertakes operations that involve the management of crimes and combat situations that threaten public order and safety. These operations often entail citizen-police encounters, such as making arrests, search and seizures, operating checkpoints, managing rallies and demonstrations, and implementing demolition orders, injunctions, and other similar orders. During these encounters, it is important that citizens know their rights and the responsibilities that police officers are required to perform and which they should expect. These operations are the subject of this Citizen’s Primer under this module.

POLICE OPERATIONS ARE CONDUCTED IN ACCORDANCE WITH LAW TO ENSURE THAT YOUR RIGHTS ARE RESPECTED AND PROTECTED

The conduct of PNP operations are governed by rules of procedures that are anchored on the Bill of Rights as contained in Article III of the 1987 Constitution which identifies and defines the fundamental rights of citizens, to wit:

  1. No person shall be deprived of life, liberty, or property without due process of law. All persons shall enjoy equal protection of the law (Section 1).
  2. All persons have the right to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures. No search warrant or warrant of arrest shall be issued except upon probable cause (Section 2).
  3. Any person under investigation shall have the right to be informed of his rights to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel. (Section 12.1).
  4. There should be no torture, force, violence, threat, intimidation, or any other means which vitiate free will. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited (Section 12.2); and any confession or admission obtained through these shall be in admission in evidence against him (Section 12.3).
  5. The accused shall be presumed innocent until proven guilty (Section 14.2).

BILL OF RIGHTS NOT INCLUDED IN THE PRIMER

We do not know the reason why this document (Know your Rights: Citizens Primer on Law Enforcement) does not incorporate some of the important provisions of the constitution that must be known to every citizen, when engaging with law enforcers that formed part of the ARTICLE III – BILL OF RIGHTS, they are the following:

Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise as prescribed by law. (2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.

Section 6. The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon the lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law.

Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty.

Section 12.4. The law shall provide for penal and civil sanctions of violations of this section as well as compensation to and rehabilitation of victims of torture or similar practices, and their families.

Above are the CONSTITUTIONAL AND STATUTORY RIGHTS of every individual that should be known to them when affected by police operation, but are NOT INCORPORATED in the Citizen’s Primer on Law Enforcement.

BASIC REQUIREMENTS OF POLICE OPERATIONS THAT YOU SHOULD KNOW

The general rule in the conduct of police operations entails that police officers should be:

  1. In complete police uniform with ID and nameplate
  2. Led by a Commissioned Officer
  3. On-board or using marked PNP vehicle

The use of warning shots is strictly prohibited as this will pose danger to life and property, especially in crowded areas. They will instead use any peaceful means including the use of whistles and megaphones, or any similar means to influence, warn the offenders or suspects to stop and/or peacefully surrender to authority.

NOTE:

Police officers are prohibited from firing at moving vehicles, excessive use of force, and use of deadly weapons unless the suspect poses an imminent danger of causing death or serious physical injury to other persons or the police officers.

Our police force is trained on the rules of the use of force and/or reasonable force and in determining imminent danger during operations in accordance with the Police Operational Procedures and provisions of the Rules of Criminal Procedures.

Above are NOTABLE instances citizens should know in dealing or engaging with the police under the law.

Our next topic in this module is POLICE AUTHORITY AND RESPONSIBILITIES AND YOUR RIGHTS DURING POLICE OPERATIONS.

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