CASE DIGEST: RODEL LUZ vs. PEOPLE OF THE PHILIPPINES. G.R. No. 197788. FEBRUARY 29, 2012

FACTS:

PO2 Emmanuel Alteza flagged down Rodel Luz for violating a municipal ordinance which requires all motorcycle drivers to wear helmet while driving the said motor vehicle. Alteza invited the accused to come inside their substation since it they were almost in front of the said substation.

While issuing the citation ticket inside the station, Alteza, together with SPO1 Rayford Brillante noticed that the accused was uneasy and kept on getting something from his jacket. Alteza told the accused to take out the contents of the pocket of his jacket as the latter may have a weapon inside it. Accused obliged and put out everything that is in his pocket. One of the things that he put out was a nickel-like tin or metal container about two to three inches in size. Alteza ordered accused to spilled out the contents of the container, which the latter obliged. It turns out that the contents were 4 plastic sachets, two of which are empty and  the remaining two were suspected as shabu. 

Accused was then charged and convicted of Illegal Possession of Dangerous Drugs.

ISSUE:

Whether traffic stops are considered to be under custody of the law.

RULING:

No. There must be a valid arrest before a person may be considered under custody of the law. As defined, Arrest is the taking of the person into custody in order that he may be bound to answer for the commission of an offense. In this case, no actual and valid arrest was made. The accused was just considered under on waiting time inside the station while Alteza was writing the citation ticket. Alteza has no intention to arrest him, deprived him of his liberty, or take him into custody. He was merely invited to the substation because of convenience that it is almost in front of the place where the flagged down happened. 

Under the Land Transportation and Traffic Code, the general procedure for dealing with a traffic violation is the confiscation of the offender's driver license and not his arrest. Similarly, under the PNP Operations Manual, the officer shall immediately issue a Traffic Citation Ticket (TCT) or Traffic Violation Report (TVR) if the flagging down of vehicle concerns traffic violations. 

Furthermore, the court explained  that the questioning during traffic stop shall not be considered as under custodial investigation. Two features of an ordinary traffic stop mitigate the danger that a person questioned will be induced to speak where he would not freely do so. First, detention of a motorist pursuant to a traffic stop is only temporary and brief. A short period of time for questioning was allotted merely to check the person's license and registration. He may be obliged to wait for a short period of time for the writing of his citation, but, nevertheless, are not detained and permitted to continue on his way. Second, circumstances associated with the typical traffic stops are not such the motorist feels completely at the mercy of the police. 

To end, the court held that without valid arrest, the person cannot be considered under custody and the questioning cannot be considered under custodial investigation for the person's Miranda Rights to operate. In this case, the accused is not arrested, and the questioning made during the traffic stop cannot be considered as under custodial investigation. Consequently, the search made by police officers relying on an invalid warrantless arrest was also invalid. Therefore, making the evidences obtained during such traffic stop invalid and inadmissible.