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Traffic Enforcement
Traffic Enforcement
Traffic Enforcement
There was no valid search incidental to a lawful arrest as the stop for the traffic
violation cannot be considered an arrest. The two traffic violations are only
punishable by fines.
There was also no valid stop and frisk. "Stop and frisk" searches should thus be
allowed only in the specific and limited instances contemplated in Terry v. Ohio:
(1) it should be allowed only on the basis of the police officer's reasonable
suspicion, in light of his or her experience, that criminal activity may be afoot
and that the persons with whom he/she is dealing may be armed and presently
dangerous; (2) the search must only be a carefully limited search of the outer
clothing; and (3) conducted for the purpose of discovering weapons which might
be used to assault him/her or other persons in the area.
The RTC, in its Decision, ruled that the search was valid because it was a "stop
and frisk" situation, justified by the police officers' suspicion over Cristobal as
the latter supposedly tried to flee as he was being issued a traffic violation ticket.
Even if this version of events were true, i.e., that Cristobal tried to run away
while he was being issued a ticket for his traffic violation, the same did not
justify the intensive search conducted on him. By the prosecution's own narration
of the facts - in other words, by their own admission - after Cristobal was
successfully apprehended after he ran away, "PO2 Ramos searched the accused
for any deadly weapon but he found none.
Even if the Court accepts wholesale the police officers' version of the facts, the
search that led to the supposed discovery of the seized items had nevertheless
become unlawful the moment they continued with the search despite finding no
weapon on Cristobal's body.1âшph
The police officers' act of proceeding to search Cristobal's body, despite their
own admission that they were unable to find any weapon on him, constitutes an
invalid and unconstitutional search.
A Traffic A person cited with a ticket is not under arrest. The period in which a traffic
Violation violator is issued a ticket is characterized as mere waiting time. Traffic
is not an violations are only punishable by a fine.
arrest.
In People v. Luz, Luz was flagged for not wearing a helmet while driving a
motorcycle. While waiting for the ticket, P02 Alteza noticed that Luz was uneasy
and kept on getting something from his jacket. P02 Alteza told luz to take out the
contents of his jacket. Luz removed a tin container and two cellphones and a
swiss army knife. P02 Alteza asked Luz to open the container and he did
revealing 2 sachets of shabu. Luz was charged with violation of RA 9165.
The SC held that there was no valid arrest as Luz was flagged for committing a
traffic violation.
Similarly, neither can petitioner here be considered "under arrest" at the time that
his traffic citation was being made. The failure to wear a crash helmet while
riding a motorcycle is penalized by a fine only. Under the Rules of Court, a
warrant of arrest need not be issued if the information or charge was filed for an
offense penalized by a fine only. It may be stated as a corollary that neither can a
warrantless arrest be made for such an offense.
Arrest In line with People v. Cristobal and People v. Luz, the police may conduct a
after valid stop and frisk if they suspect that the person they are dealing with is armed
issuance and dangerous. If the stop and frisk does produces contraband. The arresting
of traffic officer must give the Miranda warnings to the person apprehended appraising
ticket him of the reason for the arrest.
The law that covers all traffic codes is RA 4136 – or the Land Transportation and Traffic
Code – which generally states that all drivers must carry their driver’s license at all times
when operating a motor vehicle. It says there that in cases of traffic violations, any LTO
(Land Transportation Office) agent or anyone duly deputized by the said agency may
confiscate your driver’s license.
o If the driver fails to surrender license, the driver can be cited for another violation,
which is "Failure to Surrender Driver's License," on top of the initial violation,
plus agent or deputized agent can detach the license plate from the vehicle
(pursuant to Section 74 and 75, MC 89-105).
If the driver doesn’t let the agent or deputized agent remove the license
plate, then the agent or deputized agent can charge the driver with a much
heavier offense which is "Resistance and Disobedience," a criminal
offense punishable by the Revised Penal Code.