Guidelines On Police Checkpoint Operations

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GUIDELINES ON POLICE CHECKPOINT OPERATIONS

Checkpoints are important in maintaining public safety and deterring criminality in the
streets. However, such checkpoints must not cause inconvenience nor intimidate
citizens but, instead, should provide them a real sense of safety and security. To
remain legitimate and authorized, all PNP checkpoints must be:

a. Staffed by uniformed police personnel in complete uniform, including name plates


and (if available) I.D. cards. The checkpoint must be led by a Police Commissioned
Officer who is at least of Inspector rank. In Metro Manila and other major cities,
enforcement officers manning the checkpoints should not be wearing battle dress
uniforms or black fatigues in lieu of the PNP GOA unless the conduct of checkpoint
isa result of a hot pursuit operation.

Civilian volunteers (barangay officials, NGO members, etc.) who will


participate in the checkpoint operations must be properly accredited by the PNP and
must have undergone proper orientation prior to deployment. The civilian volunteers
must also wear their organizational uniform and identification cards during the
checkpoint operations. Said volunteers are not authorized to bear firearms and must
only act as observers at the checkpoint. In serious national emergency situations,
the participation of civilian volunteers is not allowed.

b. Established as part of ongoing police operations. Only official PNP marked


vehicles shall be used in establishing mobile checkpoints.

c. Always use courteous language when speaking to motorists, passengers, and


drivers of public utility vehicles. The conduct of checkpoints including searches,
seizures, and arrests shall be done with civility and with due respect to innocent
passers-by, commuters, or bystanders.

Suggested Script:

“Magandang umaga/gabi po. Police checkpoint lang po ito, Pasensya na po sa


kaunting abala. Maraming salamat po. ”

“Good morning/evening. This is a police checkpoint. Please bear with the slight
inconvenience. Thank you, Sir/Ma’am.”

d. Always explain the purpose of the checkpoint.

“Magandang umaga/gabi po. Police checkpoint lang po ito, pasensya na po sa


kaunting abala. Nagkaroon po ng bank robbery kanina kaya po naghigpit po tayo ng
security para na rin po sa kaligtasan ng publiko; at para po mahuli natin ang mga
suspek. Maraming salamat po sa kooperasyon ninyo.”

“Good morning/evening Sir/Ma’am. Our apologies for the slight inconvenience. We


are conducting this checkpoint because there was a bank robbery earlier and we
wanted to increase security measuresto protect the public and to arrest the suspects
as soon as possible.Thank you for your cooperation.”

e. Observe the Plain View Doctrine during checkpoint operations. Never force
motorists to open their vehicle’s trunk or compartments. Never force motorists,
drivers, and passengers to present I.D. cards.
f. The use of warning shots is strictly forbidden to avoid unnecessary and accidental
deaths, injuries, and damage to property. Megaphones or police sirens shall be used
instead during the pursuit. In the event that the occupants of the vehicle open fire on
the personnel manning the checkpoint, reasonable force to overcome the suspects’
aggression may be employed.

g. Searches made at checkpoints shall be limited to visual search and neither the
vehicle nor the occupants shall be subjected to physical search or require the
passengers to alight from the vehicle. An extensive search may be allowed only if
the officers conducting the search have probable cause to believe that they would
find evidence pertaining to the commission of a crime in the vehicle to be searched
and there is no sufficient time to secure a valid warrant upon which the passengers
shall be required to alight from the vehicle to effect the search.

h. Persons stopped during a checkpoint are not required and must not be forced to
answer any questions posed during spot checks or accosting. Failure to respond to
an officer’s inquiries is not, in and of itself, a sufficient ground to make an arrest. A
person’s failure or refusal to respond to questions made by the police officer,
however, may provide sufficient justification for additional observation and
investigation.

i. The team leader must properly orient the Search Team and Security Team that will
participate in the checkpoint operations.

j. Both the police and civilian components of the checkpoint operations must submit
their respective after-operations report to their unit/organization.

k. Proper coordination with the military must be done especially in areas where AFP
units or personnel conduct their own checkpoint operations, i.e., in conflict-affected
areas, near military camps or installations, locations where armed encounters
recently occurred, areas where presence of threat groups had been monitored, in so-
called “election hot spots”, areas declared under state of emergency, etc.

IN THE CONDUCT OF POLICE CHECKPOINTS, ALL PNP


PERSONNEL MUST PROMOTE AND PROTECT THE CITIZEN’S
RIGHT TO DIGNITY, PRIVACY, AND FREEDOM OF MOVEMENT.

QUESTIONS FOR DEEPER STUDY:

1. What are the common operational lapses or reports of human rights violations
during the conduct of police checkpoints?

2. What specific citizen’s rights must be protected during the conduct of police
checkpoints?

3. When are police personnel allowed to request the driver and/ or passengers to
alight the vehicle for further searches, pat down, or frisking?

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