Law Summary
Background and Rationale
- Previous memoranda emphasized the importance of police presence and visibility as crime deterrence, particularly against carnapping.
- Increasing incidents of carnapping and illegal trading of stolen vehicle parts necessitate intensified operations.
- Checkpoints will help monitor and control the movement of carnapped vehicles and parts.
General Guidelines for Checkpoint Operations
- Courtesy and respect are paramount: officers must greet and apologize for inconvenience and explain the procedure.
- Violations found during inspections must be processed according to established legal procedures, including Miranda rights.
- Checkpoint teams should have designated roles: searching teams and security teams.
- Security teams are the only ones to carry high-powered firearms.
- Police personnel should provide assistance beyond law enforcement, such as giving directions.
- Units must fund their own logistical needs; solicitation of civilian support is prohibited.
- Refusal of all offers of cash or kind to avoid bribery perception.
- Personnel composition at checkpoints is at the discretion of the PNP commander.
- Searches and arrests should be conducted with civility and minimal inconvenience.
- Checkpoint sites must be well-lit and display clear signs regarding searches.
- Officers must wear proper uniform and identification; battle dress not allowed except in hot pursuit.
- Checkpoints should be led preferably by an officer with rank of at least Police Inspector.
- Officers are prohibited from extorting or harassing individuals at checkpoints.
Procedures When Checkpoints Are Ignored
- Immediate communication and coordination with adjacent units for pursuit and dragnet operations.
- Warning shots are prohibited; use megaphones or sirens for signaling.
- Vehicle plate numbers must be recorded and relayed to other units.
- Reasonable force may be used if occupants of the vehicle fire on checkpoint personnel.
Limitations on Searches at Checkpoints
- Searches are limited to visual inspection; no physical search or requiring passengers to alight.
- Extensive search allowed only if probable cause exists and there is insufficient time to obtain a warrant.
- Passengers may be required to alight only in such probable cause situations.
Sanctions for Non-Compliance
- Chief of Office/Unit and PNP personnel failing to abide by guidelines will face disciplinary action under existing rules.
Repealing Clause
- All previous NAPOLCOM issuances or parts inconsistent with this circular are modified or repealed.
Effectivity Clause
- This memorandum circular takes effect 15 days after publication in a newspaper of general circulation.
- A copy must be filed with the UP Law Center as required by the Administrative Code of 1987.