POLICE (PNP- MMDA LGU TRAFFIC Land

HPG or ENFORCER Transportation

Highway Patrol Office (LTO)
Group) Flying Squads
Powers in Law Transport and Regulate traffic on Responsible for
general enforcement. traffic management all streets and all land
which includes bridges within transportation
formulation of respective in the country;
policies; boundaries (Local implements and
administration and Government Code) enforces the
implementation of laws on land
all traffic transportation;
enforcement issues driver’s
operations. licenses.
Power to Yes. No. Must call on No. Must call on Yes but only for
arrest police to make police to make violations of
arrest. arrest. RA 4136.
Confiscat GR: No. GR: No. GR: No. Yes.
e License EX: If deputized EX: If deputized as EX: If deputized as
as LTO agents LTO agents under LTO agents. (Sec.
(Sec. 29 of R.A. RA No. 4136; and 29 of R.A. No.
No. 4136, Land 4136)
Transportation
and Traffic
Code)
Search Only the police can conduct a search and seizure after traffic violation but only if
and there is a reasonable suspicion that the traffic violator is armed and dangerous
Seizure and the search must be limited to the outer pockets of the driver.
after
violation In People v. Cristobal, G.R. No. 233207, June 10, 2019 – Cristobal was flagged
of traffic at a checkpoint for driving a motorcycle without a helmet. He was asked for the
law Original Receipt and Certificate of Registration of the motorcycle but could not
produce it. P02 Ramos of Brgy. Rosario, Pasig City began to prepare the traffic
ticket when he noticed Cristobal running away. P02 Ramos ran after him and
apprehended Cristobal. A stop and frisk was conducted because the police
suspected that Cristobal had a weapon. The police did not find a weapon but
found 7 sachets of shabu. Cristobal was charged with violation of RA 9165. The
SC held that the police conducted an illegal search.

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.

In Berkemer v. McCarty,13 the United States (U.S.) Supreme Court discussed at

length whether the roadside questioning of a motorist detained pursuant to a
routine traffic stop should be considered custodial interrogation. The Court held
that, such questioning does not fall under custodial interrogation, nor can it be
considered a formal arrest, by virtue of the nature of the questioning, the
expectations of the motorist and the officer, and the length of time the procedure
is conducted. The motorist therein was only subjected to modest questions while
still at the scene of the traffic stop, he was not at that moment placed under
 custody (such that he should have been apprised of his Miranda rights), and
neither can treatment of this sort be fairly characterized as the functional
equivalent of a formal arrest.

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.