CITIZENS CONTACT, SPOT CHECK, SEARCH and SEIZURES, and DISCIPLINARY MECHANISM IN THE POLICE
CITIZEN CONTACT
1. What is citizen contact and what is it for?
A citizen contact is when a police officer engages in face-to-face communication with a citizen. This face-to-face contact does not mean that the citizen is being suspected of committing a crime. It is undertaken for purposes of asking questions or gathering information that is official and not personal in nature and which will support the police in his conduct of intelligence and investigation.
2. Police protocols during citizen contact that you should know
The PNP imposes stringent rules on its men in order to ensure the protection of rights of individuals from whom police officers obtain information.
Police officers may initiate citizen contacts only for legitimate police-related purposes and engender citizen support in solving crimes. They may not use such contacts on a perpetual basis so as to intimidate, harass or coerce citizens. Citizen contacts are based on the presumption that the citizen is not under any reasonable suspicion of criminal activity.
If you are contacted by any police officer, be aware that such police officer is bound by the following protocols:
- He cannot frisk or detain you.
- He should not use force or coercion to require you to stop or respond to questions or directions. His request does not in any way hinder your freedom to leave him.
- He cannot create a barrier to your ability to leave such as keeping your driver’s license or by creating a physically imposing and intimidating presence.
- The police officer should introduce himself and explain the reason for making the contact. He/she should act in a courteous and restrained manner at all times and avoid stern words that sound like commands.
- He is expected to keep the contact as brief as possible.
- When asked whether you must respond to questions, he should inform you that you need not answer any question or are free to leave anytime.
SPOT CHECK
1. When a spot check is conducted
Spot checks are usually conducted in times of heightened security alerts or in areas where a crime has been committed and investigation or surveillance is being conducted and where the police need to increase their vigilance.
Police officers may stop an individual for spot check/accosting when his/her appearance, demeanor, or actions suggest that he or she may be engaged in some criminal activity; if the hour of day or night is inappropriate for his presence in the area or his/her presence in the neighborhood is inappropriate; if he or she is carrying a suspicious object or if his/her clothes bulge in a manner that suggests that he/she might be carrying a weapon; if he or she is located in proximate time and place to an alleged crime; if the officer has knowledge of the person’s prior criminal record or involvement in criminal activity; or if the person flees at the sight of the police officer.
2 Police procedures during spot checks that you should know
When a police officer approaches an individual to conduct a spot check, that person is bound by the following rules:
- He/She should clearly identify himself/herself as a police officer, if not in uniform, by announcing his/her identity and displaying an official identification card and/or badge.
- He/She should be courteous at all times and confine his questions regarding your identity, place of residence, and other inquiries necessary to resolve his/her suspicions and not hold you longer than is reasonably necessary.
- He/She cannot compel you to answer any questions posed during the spot check/accosting.
- He/She cannot arrest you on the grounds that you failed or refused to respond to his questions.
SEARCH AND SEIZURE
[1] Search warrant and warrantless search
Search and seizures are made through search warrants and warrantless searches which are allowed by law under defined conditions.
A search warrant is issued only upon the establishment of probable cause relating to a specific offense. It is an order in writing issued in the name of the People of the Philippines, signed by a judge and directed to peace officers, commanding them to search for personal property described therein and bring it before the court.
Search warrants cover the following properties:
- Properties which are the subject of the offense;
- Stolen, embezzled proceeds, or fruits of the offense;
- Objects including weapons, equipment, and other items used or intended to be used as the means of committing an offense;
Time of Search: The warrant must direct that it be served in the daytime unless the affidavit asserts that the property is on the person or in the place ordered to be searched, in which case a direction may be inserted that it be served at any time of the day or night.
[2] Authority of and prohibitions to police officers during the conduct of the search
- If after giving notice of his purpose and authority, the police officer is refused entry to the place of search, he may break open any outer or inner door or window or any part of a house or anything therein to execute the warrant or liberate himself or any person lawfully assisting him when unlawfully detained therein.
- Houses, rooms, or other premises shall not be searched except in the presence of their lawful occupants or any member of the occupants’ family or, in the absence of the latter, in the presence of two (2) witnesses of sufficient age and discretion residing in the same locality.
- Lawful personal properties, papers, and other valuables not specifically indicated or particularly described in the search warrant should not be taken.
- The search warrant shall be valid for ten (10) days from the date of issuance. Thereafter it shall be void.
- The officer seizing property by virtue of the warrant shall give a detailed receipt for the same to the lawful occupant of the premises in whose presence the search and seizure were made, or in the absence of such occupant, shall, in the presence of at least two (2) witnesses of sufficient age and discretion residing in the same locality, leave a receipt in the place in which he found the seized property in the absence of the lawful owner.
[3] Warrantless search and seizure
Warrantless search and seizure may be conducted on a person lawfully arrested.
The person is searched without a warrant for dangerous weapons or anything which may be used or constitute proof in the commission of an offense. The police officer is also authorized to conduct search and seizure to the premises or surrounding as an incident to a lawful arrest.
Seizure of Goods Concealed to Avoid Customs Duties.
Persons exercising police authority under the customs laws may affect search and seizure without a search warrant in the enforcement of customs laws. “A search, seizure, and arrest may be made even without a warrant for the purposes of enforcing Customs and Tariff Laws. (Papa vs. Mayo, 22 SCRA 857; Rieta vs. People, 436 SCRA 273 – 2004 )
Motor Vehicle Search. When a vehicle is stopped and subjected to an extensive search, it would be constitutionally permissible only if the officers conducting the search had reasonable or probable cause to believe, before the search, that either the motorist is a law offender or they will find the instrumentality or evidence pertaining to a crime in the vehicle to be searched.
Seizure of Evidence in Plain View. Objects of evidence in plain view may be seized and introduced as evidence, subject to the following requirements:
- The police and other concerned agencies must have prior justification for an intrusion (i.e. he/she is not a trespasser) or, otherwise, must be in a position from which he/she can view a particular area;
- The discovery of the evidence in plain view is inadvertent (discovery by chance);
- It is immediately apparent to the officer that the item he observes (i.e. open to the naked eye and hand) may be evidence of a crime, contraband, or is otherwise subject to seizure. (PP vs Doria 102 SCA 542, PP VS SARAP March 26, 2003, PP vs, Alfonso 219 SCRA 102)
When there is a waiver of the right or there is consented search.
If a citizen voluntarily surrenders his/her gun, he/she cannot claim the illegality of the seizure. When a citizen waives his/her right and consents to the search and seizure, the police officer must ascertain that he/she, in the first place, knows that he/she has such a right, before he relinquishes it.
DISCIPLINARY MECHANISMS IN THE
PHILIPPINE NATIONAL POLICE
The PNP is bound by a code of ethics that governs the behavior and decorum of everyone in the organization. Violations of this code of ethics are subject to disciplinary action.
Appropriate sanctions have been set to ensure that offenses committed by police personnel are dealt with properly.
[1] Four (4) Disciplinary Mechanisms in the PNP
a. Citizen’s Complaint
b. Internal Discipline
c. Power To Dismiss PNP Personnel
d. Internal Affairs Service (IAS)
What is Citizen’s Complaint?
It is a complaint against any erring member of the PNP and can be filed before the following disciplinary authorities:
- Chief of Police or Directors, City Police Offices where the offense is punishable by withholding of privileges; restriction to specified limits; suspension or forfeiture of salary; or a combination thereof for a period not exceeding 15 days.
- Mayors of Cities and Municipalities where the offense is punishable by withholding of privileges; restriction to specified limits; suspension or forfeiture of salary; or a combination thereof for a period of 16 days but not exceeding 30 days.
- People Law Enforcement Board (PLEB) where the offense is punishable by withholding of privileges; restriction to specified limits; suspension or forfeiture of salary; or a combination thereof for a period of 30 days up to by dismissal.
What is Internal Discipline?
It is dealing with a minor offense committed by any member of the PNP. A minor offense involving internal discipline includes simple misconduct, insubordination, frequent absences and tardiness; habitual drunkenness, and gambling prohibited by law.
The duly designated supervisors and equivalent officers of the PNP exercise disciplinary powers. A minor offense can be filed before the following disciplinary authorities:
- Chief of Police or equivalent supervisors who may summarily impose: admonition or reprimand; restriction to specified limits; withholding of privileges; forfeiture of salary or suspension; or any combination of the foregoing, Provided, that in all cases, the total period shall not exceed 15 days.
- Provincial Directors or equivalent supervisors who may summarily impose: admonition or reprimand; restriction to specified limits; withholding of privileges; forfeiture of salary or suspension; or any combination of the foregoing, Provided, that in all cases, the total period shall not exceed 30 days.
- Police Regional Directors or equivalent supervisors who may summarily impose: dismissal from the service; admonition or reprimand; restrictive custody; withholding of privileges; suspension or forfeiture of salary; or any combination of the foregoing provided that, in all cases, the total period shall not exceed 60 days.
- The Chief, PNP may summarily impose dismissal from the service; suspension or forfeiture of salary, or a combination thereof for a period not exceeding 180 days. The Chief, PNP also has the authority to place personnel under restrictive custody during the pendency of a grave administrative case filed against him/her or even after the filing of a criminal complaint that is grave in nature against the erring police personnel.
Power to Dismiss PNP Personnel
The NAPOLCOM, the Chief, PNP, and Police Regional Directors, after due notice and summary hearings, may immediately remove or dismiss any respondent PNP member in any of the following cases:
- When the charge is serious and the evidence of guilt is strong;
- When the respondent is a recidivist or has been repeatedly charged and there are reasonable grounds to believe that he is guilty of the charges; and
- When the respondent is guilty of a serious offense involving conduct unbecoming of a police officer.
- Any member or officer of the PNP who shall go on absence without official leave (AWOL) for a continuous period of thirty (30) days or more shall be dismissed immediately from the service. His activities and whereabouts during the period shall be investigated and if found to have committed a crime, he shall be prosecuted accordingly.
Internal Affairs Service (IAS)
The IAS conducts motu propio, automatic investigation of the following cases:
- Incidents where police discharge a firearm;
- Incidents where death, serious physical injury, or any violation of human rights occurred in the conduct of police operation;
- Incidents where evidence was compromised, tampered with, obliterated, or lost while in the custody of police personnel;
- Incidents where a suspect in the custody of police was seriously injured; and
- Incidents, where the established rules of engagement, have been violated.
Other Venues for Citizens’ Complaints
Aside from the Disciplinary Mechanisms within the PNP, pursuant to Republic Act 8551, the Office of the Chief, PNP created venues to accommodate complaints from the citizens:
PNP-TXT 2920 & OTHER POLICE HOTLINE
Any citizen with a cell phone can text in complaints or police-related information by simply typing: PNP (space) Message; then send to 2920. This message will be sent to the CHIKKA server which in turn will be sent to the Complaints Referral and Action Center (CRAC). When a text message is received, CRAC will process the message then pass it on to the police unit concerned. This text service is available nationwide, in all places with the mobile phone network coverage.
END…..
CONGRATULATIONS!
You can click to review the PREVIOUS MODULE (Red Arrow) OR TO PROCEED TO THE ASSESSMENT QUIZ (Green arrow).
