Mexico: Can a policeman arrest you for not carrying identification? … the answer is NO

Allegations of arrests and arrests of police elements against civilians for this cause have increased. Know the story of “Juan” arrested in Ahome for not bringing his IFE with him.

Mexico.- There are few cases reported in which referring to a lack of Police and Good Government, civilians have been arrested and sentenced to pay 20 minimum wages, 36 hours of arrest or community service … the reason, for not carrying the Credential of Elector.

Only undocumented migrants, the poor, vagrants, suspects and even minors are the most susceptible to being detained for not carrying identification.

This bad police practice has become so common that it is necessary to inform citizens about this issue. Making it clear that it is not a mandatory requirement, much less reason for arrest, not to have your identification card to hand.

It is important to be clear that this is a clear abuse of authority. Although, it is stipulated by our Mexican constitution. Our authorities are not authorized to make arrests out of mere suspicion, let alone use the pretext of not carrying identification. Article 11 of the Magna Carta makes it very clear that it is not necessary to carry any security card, passport or something similar.

The only obligation as a pedestrian is not to commit an administrative fault or crime. If some police element stops you first they should read you your rights, and tell you the reason for the arrest. If they tell you that you are a suspect, you immediately ask “Suspect of what, and who is accusing me?

Article 11. Everyone has the right to enter the Republic, leave it, travel through its territory and move from residence, without the need for a security letter, passport, safe-conduct or other similar requirements. The exercise of this right will be subordinated to the faculties of the judicial authority, in cases of criminal or civil responsibility, and those of the administrative authority, as regards the limitations imposed by the laws on emigration, immigration and general health of the Republic, or pernicious foreigners residing in the country.

This is the case that led “Juan” to the gates of the base of the Municipal Police of the ejido Mochis, in the municipality of Ahome.

After going to an errand on a bicycle, had to get off to repair it since the chain fell off. At that moment, a municipal police patrol passes by, they initiate a review, and proceed to take him for “suspect” and for not bringing his ID.

When the relatives went to the police base, the judge in turn told them that the young man was arrested and remanded for not identifying himself to the Police and not carrying his ID card at the moment of police requesting him to identify himself.

The penalty for that supposed infraction was the payment of 20 minimum wages, 36 hours of arrest or community work

After a little more than 20 minutes the relatives and the judge verified that the police had not read him his rights and that it was not a crime not to carry the ID, that’s when the payment of the fine of 20 minimum wages for the boy to be released was requested.

Then the judge indicated that he would call the police commander, the family indicated that he was the authority on the site, to which the official said this is the way it is and if you don’t like it, I will have him transported to Mochis”, the relatives They said go ahead, that they would go to Los Mochis.

Finally after minutes of confrontation, the boy was released, without paying any kind of fine, without doing community service and without serving hours of arrest.

Why?

  • There was no crime to pursue
  • It is not a reason for arrest not to carry ID
  • There is no reason for arrest on the mere suspicion if there is no official complaint
  • The detainee’s rights were not read

Source: linea directa

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