The police can not perform “routine” checks: they are illegal in Mexico

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They can not force you to get out of your car.

According to the constitutional Article 16, no citizen can be bothered in his person,
house, car or possessions if they do not have a warrant for it.

“Routine” reviews are illegal, as stated in Article 16 of the Mexican Constitution. However, although it is marked by law, many citizens have access to this type of revision because they do not know this constitutional section. When driving your car or walking down the street it is common for a police officer to stop you and say you will do a “routine check”, this, obviously, is illegal for several reasons: no public servant can bother you in your “person family, domicile, papers or possessions, but by virtue of a written order of the competent authority, which merges and motivates the legal cause of the proceedings. ”

Before any review, they must present a court order

What does this mean? If a police officer wants to review you, you must first submit a written order stating that you are suspected of having committed a crime or, in your case, they have to see you commit an illegal act so that the review is based on the law. This same constitutional article states that “every person has the right to the protection of their personal data, access, rectification and cancellation of them, as well as to express their opposition, in the terms established by law, which will establish the assumptions of exception to the principles that govern the processing of data, for reasons of national security, public order, public health and safety regulations or to protect the rights of third parties. ” It is very common to nd in the news that police elements checked a vehicle
or a person before his suspicious “attitude”. This, it should be clarified, is also an illegal act, since those attitudes observed by a public servant are only a personal perception.

According to the Official Gazette of the Federation (DOF), in its section “General recommendation number 2/2001 on the practice of arbitrary detentions”, it says that suspicious attitudes or marked nervousness do not represent “evidence by which the elements police officers have news of a crime, and in this virtue it cannot be stated that the agents of reference can legally proceed to arrest any person because he was in the commission of flagrant crime or to perform a corporal review “.

How and where to denounce a public servant?

As more and more people have phones with integrated cameras, one of the easiest ways to make a public complaint is to record a public servant who is trying to lie about routine reviews.
Is it legal to record a public server? Yes, recording a police officer or any kind of server on public roads is totally legal, since they are state agents and therefore their actions are public, especially when they are in the street or public places.

Evidently, it is not allowed to record an official in his private life and when he is out of his work schedule.
Another way, a bit more bureaucratic, to be able to denounce a public servant is through the bodies attached to the Ministry of Public Function (SFP), through a series of options that the federal government has made public on its official website.

To submit complaints and reports you can send an email to:
contactociudadano@funcionpublica.gob.mx

If you do not have an email account, you can send a letter to Av. Insurgentes
Sur No. 1735, PB Module 3. Col. Guadalupe Inn, Delegación Álvaro Obregón, CP
01020, in Mexico City.

Telephone calls also work, according to the government, to report this type of case: 01 800 11 28 700 toll free. 2000 2000 in the Federal District and 2000 3000 extensions 2164, to file complaints and complaints against federal public servants.

For more information on how to file complaints, you can access this page of the
federal government.  https://www.gob.mx/sfp/articulos/donde-presentar-quejas-o-denuncias-en-contra-de-servidores-publicos-federales

 

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