Know Your Rights Redux, Part 2: Mister Pow-lees-man at the Door

(UPDATE: Added complete series links.)

Continuing from our previous post, let's deal next with what rights do we have when the cops come a-calling.

See, quite a lot of people think that once the cops come to your residence or place of business, they can do whatever bloody hell they want. But can they?

Of course not. The laws restrain the law enforcers; not only is the person of each citizen protected, but his home and and place of work are sacrosanct unless the rest of society is in danger from them. So, then, let's talk about what rights do we citizens enjoy when the cops are at your threshold.

Before we do, however, shoutouts to Ganns, Noemi, Chuvaness, Sonnie, Jonas, and Kaboom for writing about their chat with Manny Villar. Thanks for letting us into what you saw and heard when you met the fellow; it's another step in the right direction -- that of voter education, I mean. No, folks, I'm not endorsing Manny Villar -- hell, I'm not yet sure who I'll vote for, but you can rest assured we'll talk about it later.

(Oh, but Ganns, why didn't you ask Camille Villar's cellphone number for me? Teeheehee.)

Oh, and don't forget Cocoy's rather studied smackdown of Chiz Escudero. Intriguing stuff.

So much for that, let's talk rights now.

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The constitutional basis for these protections is clear and unequivocal. Consti 3:2 says:

The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.

That's clear and simple enough, folks. Not even the most twisted logic can defeat it.

So, then, what do we do when the cops are knocking on your door?

(Take note, I said "knocking on" and not "knocking down" -- we'll get to that in a later post.)

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When the cops knock on the entrance of any private property, the occupant has the right to demand identification. Unless and until the cops show their identifications clearly, the occupant can continue to presume that they are not law enforcers.

Now, I've met some law enforcers who think that the 80's-era television-style badge flip-flash is sufficient to identify onself as a law enforcement official, but that is completely untrue. The officer must show his identification in such a way that the occupant can reasonably satisfy himself that the officer is indeed who he says he is.

If the cop hides his nameplate, does not show his identification, or in any other manner attempts to conceal his identity, you don't have to let him in. He can stay on the other side of the door until doomsday, if you want.

A caution, of course: this doesn't apply if the cop is rushing after a suspect. The law gives him reasonable allowance -- kicking down doors and such, if need be -- if the cop is in hot pursuit of a suspect.

However, if he doesn't identify himself as a cop, the occupants will still have a reason to complain. If they want to complain, there's the National Police Commission (NAPOLCOM) for Philippine National Police (PNP) officers, there's the Department of Justice (DOJ) for National Bureau of Investigation (NBI) and Philippine Drug Enforcement Agency (PDEA) officers, and so on (the general rule is to go to complain to the parent department of the law enforcement agency). Hell, if need be, there's always the Commission on Human Rights to backstop the complaint.

Moving on.

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When the cops, after duly identifying themselves properly as law enforcement officials, knock on the entrance of any private property, the occupant has no obligation to let them in -- unless, that is, they have a warrant or they are in hot pursuit of a suspect of a crime that has just been committed within the area.

That simply means that they can't force their way into your Quezon City home for a snatching committed yesterday, under the suspicion that the suspect climbed into your property. Similarly, the cops can't force their way into your QC home for a snatching just now committed in Makati. Even further, the cops can't force their way into your QC home for a snatching committed yesterday in Makati -- they'll need a warrant.

So if the cops knock and want to be let in, it is your right to ask whether or not they have a warrant. If they don't have one, then it's your right to make them stay outside the gate if you don't want them inside your home; they cannot enter without permission.

If they do enter without permission, you have the right to contact NAPOLCOM, DOJ, and CHR... and their asses will be yours to deal with as you please.

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If the occupant agrees to let the cops inside -- remember, we are still talking about the no-warrant visit -- the cops are to proceed to wherever the occupant shows them to. If the occupant guides them to the living room, then that's where the cops will go and nowhere else. If the occupant guides them to the backyard where it stinks of dog poo, then that's where the cops must be and nowhere else. UNDER NO CIRCUMSTANCES CAN COPS WITHOUT A WARRANT WANDER ABOUT YOUR PREMISES WITHOUT EXPRESS PERMISSION.

Does this even mean that if the cops ask to use your bathroom to pee, you have the right to refuse them? YES.

None of the cops you've allowed to enter your premises can gadabout without your supervision or that of a relative or a trusted person. They came in together, and they should stay together. Otherwise, they've begun violating your rights.

After you've allowed the cops sit on your sofa or whatever, the cops should nail their asses on them and stay still. They can't look through your drawers, your coffee table, or even your magazine rack. UNDER NO CIRCUMSTANCES CAN COPS WITHOUT A WARRANT POKE ABOUT YOUR POSSESSIONS WITHOUT EXPRESS PERMISSION.

Can the cops ask you questions? Of course they can, BUT YOU ARE UNDER NO OBLIGATION TO ANSWER THEM. If they insist that you do, show them the door or wait until your lawyer arrives. We'll talk about the rights one has with regard to cops' questioning in a later post.

Finally, no matter how long or short the visit, the cops must leave when you say you want them to leave. UNDER NO CIRCUMSTANCES CAN COPS WITHOUT A WARRANT STAY LONGER IN THE PREMISES THAN ALLOWED TO BY THE OCCUPANT.

(Special note, of course -- when we said "under no circumstances" we didn't include the circumstance of you committing a crime in the presence of the cops... but you won't be that stupid, will you?)

Okay, then. Remember, folks, if the cops violate your rights, you got the NAPOLCOM, the DOJ, and the CHR to run to. Don't take being walked on lying down, you know what I'm saying?

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We'll deal with what the cops can do when they have a search warrant, but in a later post. Oh, and if you good folks need legal advice, please contact a real lawyer, eh?

Later, all.

Posts in this civil rights series:

Part 1
Part 2
Part 3
Part 4
Part 5
Part 6
Part 7
Part 8
Part 9
Part 10