Search of a moving vehicle

"xxx.

For another, the Court similarly finds the RTC's ruling that the police officers conducted a lawful warrantless search of a moving vehicle on Manago's red Toyota Corolla untenable.

In Caballes v. People,39 the Court explained the concept of warrantless searches on moving vehicles:

Highly regulated by the government, the vehicle's inherent mobility reduces expectation of privacy especially when its transit in public thoroughfares furnishes a highly reasonable suspicion amounting to probable cause that the occupant committed a criminal activity. Thus, the rules governing search and seizure have over the years been steadily liberalized whenever a moving vehicle is the object of the search on the basis of practicality. This is so considering that before a warrant could be obtained, the place, things and persons to be searched must be described to the satisfaction of the issuing judge - a requirement which borders on the impossible in the case of smuggling effected by the use of a moving vehicle that can transport contraband from one place to another with impunity. We might add that a warrantless search of a moving vehicle is justified on the ground that it is not practicable to secure a warrant because the vehicle can be quickly moved out of the locality or jurisdiction in which the warrant must be sought. Searches without warrant of automobiles is also allowed for the purpose of preventing violations of smuggling or immigration laws, provided such searches are made at borders or "constructive borders" like checkpoints near the boundary lines of the State.40 (Emphases and underscoring supplied)

A variant of searching moving vehicles without a warrant may entail the setup of military or police checkpoints - as in this case - which, based on jurisprudence, are not illegal per se for as long as its necessity is justified by the exigencies of public order and conducted in a way least intrusive to motorists.41 Case law further states that routine inspections in checkpoints are not regarded as violative of an individual's right against unreasonable searches, and thus, permissible, if limited to the following: (a) where the officer merely draws aside the curtain of a vacant vehicle which is parked on the public fair grounds; (b) simply looks into a vehicle; (c) flashes a light therein without opening the car's doors; (d) where the occupants are not subjected to a physical or body search; (e) where the inspection of the Vehicles is limited to a visual search or visual inspection; and (e) where the routine check is conducted in a fixed area.42

It is well to clarify, however, that routine inspections do not give police officers carte blanche discretion to conduct warrantless searches in the absence of probable cause. When a vehicle is stopped and subjected to an extensive search - as opposed to a mere routine inspection - such a warrantless search has been held to be valid only as long as the officers conducting the search have reasonable or probable cause to believe before the search that they will find the instrumentality or evidence pertaining to a crime, in the vehicle to be searched.43

In the case at bar, it should be reiterated that the police officers had already conducted a thorough investigation and verification proceedings, which yielded, among others: (a) the identities of the robbery suspects; (b) the place where they reside; and (c) the ownership of the getaway vehicles used in the robbery, i.e., the motorcycle and the red Toyota Corolla. As adverted to earlier, these pieces of information were already enough for said police officers to secure the necessary warrants to accost the robbery suspects. Consequently, there was no longer any exigent circumstance that would have justified the necessity of setting up the checkpoint in this case for the purpose of searching the subject vehicle. In addition, it is well to point out that the checkpoint was arranged for the targeted arrest of Manago, who was already identified as the culprit of the robbery incident. In this regard, it cannot, therefore, be said that the checkpoint was meant to conduct a routinary and indiscriminate search of moving vehicles. Rather, it was used as a subterfuge to put into force the capture of the fleeing suspect. Unfortunately, this setup cannot take the place of - nor skirt the legal requirement of - procuring a valid search/arrest warrant given the circumstances of this case. Hence, the search conducted on the red Toyota Corolla and on the person of its driver, Manago, was unlawful.

In fine, Manago's warrantless arrest, and the search incidental thereto, including that of his moving vehicle were all unreasonable and unlawful. In consequence, the shabu seized from him is rendered inadmissible in evidence pursuant to the exclusionary rule under Section 3 (2), Article III of the 1987 Constitution. Since the confiscated shabu is the very corpus delicti of the crime charged, Manago must necessarily be acquitted and exonerated from criminal liability.44

Xxx."

G.R. No. 212340, August 17, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. GERRJAN MANAGO Y ACUT, Accused-Appellant.