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Demurrer To Evidence BP 6
Demurrer To Evidence BP 6
8 Judicial Region
th
xx
Accused.
xx
RESOLUTION
This Court has ruled that not all checkpoints are illegal. Those which are
warranted by the exigencies of public order and are conducted in a way least
intrusive to motorists are allowed. For, admittedly, routine checkpoints do
intrude, to a certain extent, on motorists right to "free passage without
interruption," but it cannot be denied that, as a rule, it involves only a brief
detention of travelers during which the vehicles occupants are required to
answer a brief question or two. For as long as the vehicle is neither searched
nor its occupants subjected to a body search, and the inspection of the
vehicle is limited to a visual search, said routine checks cannot be regarded
as violative of an individuals right against unreasonable search. In fact, these
routine checks, when conducted in a fixed area, are even less intrusive. _
Here, the police officers simply motioned for the accused to stop
or halt momentarily to give way for the other vehicles to pass first, but
he insisted on passing first which gave rise for a reasonable suspicion
of a commission of a crime. In fact, by not following the police officers
who are manning the checkpoint, accused has already defied an
authority of the law. Indeed, when he was stopped and frisked, which
yielded to the discovery of possession of prohibited items, the
warrantless search is valid because it was an incident to a lawful
arrest. A person lawfully arrested may be searched for dangerous
weapons or anything which may have been used or constitute
proof in the commission of an offense without a search warrant. _
SO ORDERED.
IN CHAMBERS, xxx
xxx
Presiding Judge