A Messy Police Conduct

Hole of Justice

By Peter G. Jimenea

A Messy Police Conduct

 

The PNP indeed is between the people and crime. This is the reason why we support the programs of the Police Regional Office 6 (PRO6). RD C/Supt. Agrimero Cruz should know that our TV program Kape kag Isyu can prove this claim.

 

But what happened last week at the PNP Check Point in La Paz District is what got this writer so irked about. Most likely than not, few police officers manning the checkpoint have stepped over-the-line of pardonable behaviour.

 

The idea of putting up checkpoints in different areas of the city is good for peace-loving citizens. This will prevent if not intimidate the bad elements of society especially hired-killers riding in tandem on motorcycles to carry out their evil plan.

 

It is also to curb the proliferation of unlicensed firearms and other deadly weapons. But deliberate or not, few policemen failed to uphold the Plain View Doctrine the law advised them to observe while conducting a checkpoint.

 

The televised incident of arrest conducted by the policemen against a man allegedly having dried marijuana leaves in his motorcycle at Puerto Real in La Paz District is a bad joke with consequences.

 

As shown in television, it is very clear that after a policeman inspected the driver’s license and other documents of the man stopped at checkpoint, a pack of dried marijuana leaves was reportedly seen partly hidden in the motorcycle.

 

For a PNP checkpoint having video coverage during operation seems an extra ordinary case. But would it suffice to pin down the man when the Plain View Doctrine was superseded by the conduct of search which should not be the case?

 

The clear site of scrutinizing the driver’s license and inspection of the motorcycle engine and chassis numbers by the police is already a conduct of a search without the valid search warrant issued by the Court.

 

This is not what we think police business at checkpoints is all about. But police power can be misused, over-used or abused. Well, the officer-in-charge has a lot of explaining to do as this is a shame to the uniform they are so proud of.

 

Except for the few honest officers, whatever motive they have to pin down the man, they should know that it violates human rights. We have heard cases similar to this before being done by some police officers in exchange for … you know what!

 

Sometimes we are treated by reports of a Miranda Doctrine in Reverse – “guilty until proven innocent!” This is why the Bill of Rights in ARTICLE III of the Constitution occupies a position of primacy to the fundamental law way above the articles on government powers.

 

One more thing: The Court values liberty and will always insist on the observance of basic Constitutional rights as a condition sine qua non against the awesome investigative and prosecutory powers of the government.

 

The recent incident should not be taken for granted. A weak case creates an impression without affirming the perception of harassment. Police powers should be a sound one and to be exercised in accordance with the tenets of justice and fair play.

 

People in the PNP institution must lead by example. Before you can make a man do as you say, make him first believe in what you say. The discretion should not be abused because in every police action, there is a concomitant obligation.