In The Know: Your rights during a search

For searches on moving vehicles by law enforcement, the law permits it to be conducted even without a validly issued warrant only when there is probable cause to believe that the vehicle contains contraband or evidence of a crime, owing to the reduced expectation of privacy associated with vehicles in transit, according to the Supreme Court.

In the case of police and military checkpoints, according to the 2021 Revised Philippine National Police Operational Procedures, a visual search of a private vehicle is allowed, even in the absence of probable cause or suspicion.

The PNP manual details that checkpoints must be established in well-lighted areas with clearly visible signage indicating the name and contact number of the PNP unit, as well as the name of the team leader in charge. It should be manned by uniformed personnel.

During a routine checkpoint, inspection of a vehicle is “limited to a visual search, done with due respect to all road users and conducted in a manner of least inconvenience.”

Occupants cannot be compelled to step out of the vehicle, nor are they required to open their glove compartments, trunks, or personal bags. Exemptions only apply if there are search warrants, subjects for hot pursuit, or traffic violations.

Any search, seizure, or arrest must be in accordance with the law. A valid search requires a search warrant duly issued by an appropriate authority.

However, a warrantless search may be conducted if there is a genuine reason to believe that the occupants of the vehicle have just committed, are currently committing, or are about to commit a crime; or if there is prior information that is reasonably corroborated by other relevant circumstances.

The establishment of checkpoints must be authorized by the Head of Office of the territorial PNP unit and should be manned by uniformed PNP personnel. Other units may establish checkpoints only in coordination with the territorial PNP head in the area. Inquirer Research

Sources: Inquirer Research, pia.gov.ph, sc.judiciary.gov.ph, akg.pnp.gov.ph, accralaw.com