Searches at checkpoints

In this country of carpers and hecklers the government can’t do anything right it gets blamed for the upsurge in crimes, but when it takes steps to stem the tide of criminality like setting up checkpoints, it is still assailed for allegedly violating the right of individuals to unreasonable searches. Sooner or later, these critics and kibitzers may be perceived as allies of criminals if they continue criticizing instead of helping in the fight against crime by just keeping their mouth shut.

Setting up places of inspection on a road or border are accepted modes of maintaining peace and order. They are a common site along the countryside because intrinsically there is nothing wrong with them. But not at all times and under all circumstances. As in the exercise of any governmental power, there are limits. In the case of Valmonte vs. De Villa, G.R. 83988 as reiterated in Aniag vs. Comelec, 237SCRA 424, our Supreme Court already declared that checkpoints do not necessarily run counter to the Constitutional proscription against unreasonable searches even in the absence of a search warrant. According to the Court, they may be resorted to where the survival of the organized government is on the balance or when lives and safety of the people are in grave peril. They are also recognized as legal modes of enabling a government to pursue its mission of establishing territorial defense and maintaining peace and order.

To be sure, checkpoints are allowed because they are not strictly speaking considered as acts of "searching" that require a warrant issued by a judge. These valid checkpoints are merely routine inspections of the vehicle with a few questions being asked. The inspection is limited only to a visual examination of the vehicle or to what is observable in it. The police manning the checkpoints cannot subject the vehicle or the occupant to an extensive search. Motorist have the right to protest a search of their person or their vehicle. If the police ask their permission, they may refuse. But if they consent, then that constitutes a valid waiver of their right.

Of course, for consent to be considered a valid waiver of the right against search without warrant, it must be freely and voluntarily given. Consent given under intimidating or coercive circumstances is not consent that constitutes a valid waiver of the right. Thus the consent of a lone driver who allowed 14 armed policemen to conduct a search of the vehicle of his boss was not considered a valid waiver because he could not have marshaled enough strength and courage to protest said search (Aniag vs. Comelec supra). Silence during the warrantless search was not also construed as consent but rather a "demonstration of regard for the supremacy of the law", so a warrantless search conducted amidst such silence is not valid (Pp. vs Barros 231SCRA 557). But a person who voluntarily allowed himself to be frisked and even gave his gun the police, was considered to have validity waived his right (Pp. vs. Ramos 222 SCRA 557).

The only instance when an extensive search of a motor vehicle may be allowed even under protest for being warrantless is when there is probable cause or reasonable ground to believe before the search that either the motorist is a law offender or that they would find evidence pertaining to the commission of a crime in the vehicle to be searched (Valmonte vs. De Villa supra). Such search of the moving vehicle is one of the exceptions when a warrantless search is justified because it is not unreasonable. The key word is "reasonable", and what makes the warrantless search reasonable is the existence of probable cause. There is no fixed formula to determine what is a reasonable search. They are resolved according to the facts of each case. This where the danger of abuse usually creeps in. But fear of this danger should no be a stumbling block in setting up checkpoints especially during "these days of living dangerously". Every law abiding citizen should welcome rather than fear checkpoints.

Our law enforcers however should keep the established guidelines in mind as they conduct inspections at the check points to prevent abuse. This is the best way to silence the critics and to assure that their operations will not be put to naught for being violative of the citizens fundamental right.

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