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Things you should
do if you are stopped by a Police
Nighttime,
while walking in the streets of Manila or inside your car, you are
stopped by a Police. What you should do? Tips for some things you
should do, some things you must do and some things you cannot do in
the middle of a police encounter.
To fight
police abuse effectively, especially if you encounter, "kutong
Cops", you need to know your rights. There are some things you
should do, some things you must do and some things you cannot do. If
you are in the middle of a police encounter, here are the things
that you should do.
Be polite and respectful.
Never bad-mouth a police officer.
Stay calm and in control of
your words, body language and emotions.
Don't get into an argument
with the police.
Remember, anything you say or do
can be used against you.
Keep your hands
where the police can see them.
Don't run. Don't touch
any police officer.
Don't resist
even if you believe you are innocent.
Don't complain
on the scene or tell the police they're wrong or that you're going
to file a complaint.
Do not make any statements
regarding the incident. Ask for a lawyer immediately upon your
arrest.
Remember officers' badge &
patrol car numbers.
Write down everything
you remember ASAP.
Try to find witnesses &
their names & phone numbers.
If you are injured, take
photographs of the injuries as soon as possible, but make sure
you seek medical attention first.
If you feel your rights have been
violated, file a written complaint with the National Police
Commission (NAPOLCOM) internal affairs division.
1.
What you say to the police is always important. What you say can be
used against you, and it can give the police an excuse to arrest
you, especially if you bad-mouth a police officer.
2.
You don't have to answer a police officer's questions, but you must
show your driver's license and registration when stopped in a car.
In other situations, you can't legally be arrested for refusing to
identify yourself to a police officer.
3.
You don't have to consent to any search of yourself, your car or
your house. If you DO consent to a search, it can affect your
rights later in court. If the police say they have a search warrant,
ASK TO SEE IT.
4.
Do not interfere with, or obstruct the police -- you can be arrested
for it.
What if you are
stopped for questioning?
1.
It's not a crime to refuse to answer questions, but refusing to
answer can make the police suspicious about you. You can't be
arrested merely for refusing to identify yourself on the street.
2.
Police may "pat-down" your clothing if they suspect a concealed
weapon. Don't physically resist, but make it clear that you don't
consent to any further search.
3.
Ask if you are under arrest. If you are, you have a right to know
why.
4.
Don't bad-mouth the police officer or run away, even if you believe
what is happening is unreasonable. That could lead to your arrest.
What if you are
stopped inside your car?
1.
Upon request, show them your driver's license and registration.
Never consent to a search in your car even especially if you are by
change bringing an unlicensed firearm. To protect yourself later,
you should make it clear that you do not consent to a search. It is
not lawful for police to arrest you simply for refusing to consent
to a search.
2.
If you're given a ticket, you should sign it; otherwise you can be
arrested. You can always fight the case in court later.
What if you are
arrested or taken to a Police Station?
1.
You have the right to remain silent and to talk to a lawyer before
you talk to the police. Tell the police nothing except your name and
address. Don't give any explanations, excuses or stories. You can
make your defense later, in court, based on what you and your lawyer
decide is best.
2.
Ask to see a lawyer immediately. If you can't pay for a lawyer, you
have a right to a free one, and should ask the police how the lawyer
can be contacted. Don't say anything without a lawyer.
NEVER SIGN ANYTHING OR SIGN A WAIVER without the assistance of your
counsel.
3.
Within a reasonable time after your arrest, or booking, you have the
right to make a local phone call: to a lawyer, bail bondsman, a
relative or any other person. The police may not listen to the call
to the lawyer.
4.
Sometimes you can be released without bail, or have bail lowered.
Have your lawyer ask the judge about this possibility. Depending on
the gravity of the offense for which you are charged, you must be
taken before the Public Prosecutor or Fiscal's Office the next court
day after your arrest.
5.
Do not make any decisions in your case until you have talked with a
lawyer.
What if the Police
knock at your door and ask to enter your House?
1.
If the police knock and ask to enter your home, you don't have to
admit them unless they have a warrant signed by a judge.
2.
However, in some emergency situations (like when a person is
screaming for help inside, or when the police are chasing someone)
officers are allowed to enter and search your home without a
warrant.
3.
If you are arrested, the police can search you and the area close
by. If you are in a building, "close by" usually means just the room
you are in.
We all
recognize the need for effective law enforcement, but we should also
understand our own rights and responsibilities -- especially in our
relationships with the police. Everyone, including minors, has the
right to courteous and respectful police treatment.
If your
rights are violated, don't try to deal with the situation at the
scene. You can discuss the matter with an attorney afterwards, or
file a complaint with the NAPOLCOM Internal Affairs.
Contact Us
___________________________________
You're invited to call us to discuss
your Philippine Criminal Law concerns. We shall be glad to talk with you over
the telephone, or in our office or yours, whichever is easiest for
you. You can also e-mail us at
gtalaw@gtalawphil.com and we shall get back to you
immediately.
GUZMAN TAŅEDO & ACAIN
Mile Long Building 316
Legaspi Village
Amorsolo Street
Makati City
Telephone: 8941441
TeleFax: 8124296
e-mail:
gtalaw@gtalawphil.com
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