Friday, March 16, 2018

SCJN: Mexico's Supreme Court OKs Warrantless Police Searches

Translated by Yaqui for Borderland Beat from: El Universal


Extra Material from: El Economista
By: Leopoldo Hernández -Feb 13, 2018
mailto:justiciaysociedad@eluniversal.com.mx

The Totality of  Mexico's Supreme Court , La Suprema Corte de Justicia de la Nación, declared the constitutionality of  police stops, inspections and / or searches of persons and vehicles without a judicial order, but only when there is a reasonable suspicion or flagrancy, in accordance with the National Code of Criminal Procedures.


While resolving an action of unconstitutionality brought by the National Commission of Human Rights (CNDH) and the National Institute of Transparency (Inai) there were eight votes in favor and three against, such the action of the Minister Javier Laynez Potisek was endorsed.

The decision ruled against the wishes of the CNDH and the Inai.

The ruling deals with articles 132, Part VII; the third paragraph of 147; Parts III and V of Article 251 and Articles 266 and 268 of the National Code of Criminal Procedures, which the CNDH challenged that it considers the ruling a violation of the rights to freedom of movement of persons, legal security, privacy, violation of personal integrity and private lives.



The Minister of the Supreme Court of Justice of the Nation (SCJN), Javier Laynez Potisek, proposed to declare the Constituitionality valid for the faculty of police elements and security authorities to conduct searches of people and vehicles without prior judicial authorization.

At the beginning of the discussion of two actions of unconstitutionality against various precepts of the National Code of Criminal Procedures, the minister explained to the plenary that they must consider the review of persons and vehicles must be guaranteed as long as there is a "reasonable suspicion" of the existence of an illicit action and not by the physical appearance of a person.

"The police forces,  by their very nature, enjoy an empire , ie, it is a public force, it is the public force of the State. It would be illogical to think, as the plaintiffs suggests, that the security agents should obtain the prior consent of the individuals to carry out these inspection actions  and, if they fail to do so, they should withdraw without further ado, " he said.

"Reasonable suspicion can not be justified by any abstract circumstance such as the person's physical appearance, manner of dressing, speaking or behaving. It can not derive from a simple suspicion that comes from a subjective criterion of the people, based on the presumption that by the simple appearance of the subject it is possible to determine that the person is a delinquent ".


The ministers debated it and as of now six of them spoke out for declaring Constitutional several of the articles challenged by the National Commission of Human Rights (CNDH) and the National Institute of Transparency, (Inai) and Access to Information and Data Protection.

One who ruled against was Arturo Zaldívar Lelo de Larrea, because his consideration of the code does not establish minimum guarantees in favor of the citizen in the way in which the revision operates. "The minimum guarantees of protection of fundamental rights are not generated in both inspections and reviews, so I will be voting this issue unconstitutional," he said.

Today, the ministers will continue the analysis of other arguments brought forth by the CNDH and Inai. The other points that the ministers will analyze are the arrest of a person or persons in flagrante delicto (legal terminology for "Caught in the Act" ) for crimes that require a complaint, assurance of goods or bank accounts, precautionary seizure, intervention of communications for geolocation in real time and home safeguards.

Also being discussed is  the duration of  precautionary measures, the Constitutionality, of the arrest of up to 15 days as a measure of urgency and international legal assistance at the request of the accused. All contained in the code.

It emphasizes that the minister's project proposes to declare Constitutional the arrest in flagrante delicto ( Caught in the Act) for crimes that are persecuted by complaint, because the Constitution does not distinguish what kind of behaviors apply for these detentions.

It is foreseen that in order to establish the assurance of bank accounts must be done with the prior authorization of a judge, as well as the precautionary seizure and seizure of assets for a value equivalent to the damage caused with the crime. The minister will propose to invalidate the geolocation in real time.


The Minister José Fernando Franco González stressed in his argument against, that it is " in reality, the problem lies, for me, in a matter of legal security for people who may be subject to these acts of criminal annoyance. The National Code of Criminal Procedures does not even establish basic guidelines that regulate the actions of the authorities in relation to these figures," he said.

For his part, the president of the SCJN, Luis María Aguilar Morales, considered the decision ruled is ideal, necessary and proportional, "because we, ie the Court, seek to protect the human rights of the community for reasons of legal security", as well as to protect the rights of the truth, justice and the reparation of the victims.

The measure, he added, is ideal because the intervention of fundamental rights is likely to achieve the proposed goal, because it allows the police to collect test data that may serve in the investigation of crimes and added that it is "the least invasive option ", because in this case the personal and vehicle inspection is limited to a superficial review.

After discussing the content of article 148 the Ministers unanimously declared the Constitutionality of the detention of those "caught in the act" of committing crimes that require action or intervention, ie, warrantless stops and searches.

According to Laynez Potisek, the arguments of the CNDH were unfounded, since the Constitution does not distinguish between the crimes that are "already covered under the exception of the arrest of flagrant stops. "

"In addition, when the commission of a crime occurs , the person who discovers the offender in flagrant violation, that is not in the right moment, although he or she may be  a trained police officer, to determine the  exact  classification of the crimes and / or  know if the criminal acts occurring  require a search warrant or requisition of such ", he said.

It will be tomorrow when the full court continues the analysis of article 242 of the Code of Criminal Procedures to consider whether or not the securing of assets or rights over financial operations without judicial authorization is  unconstitutional.

NOTE: As of Friday, March 16, 2018 I have found no news update on whether or not the last issues were resolved today. Probable Update soon.

33 comments:

  1. This is why imbecils living in the U.S. should stfu and stop promoting the death penalty for drug trafickers at the very least since of course asking U.S. citizens to stop consuming is DEFINETELY asking for way to much.
    Fucken Mexican government or better yet corrupt police officials can always plant drugs in peoples homes and call them drug dealers!
    At least before this stupid law you had you home to hide somewhat and complain about police corruption and or politicians. Now if corrupt police or public officials get tired or a person/people they simply plant drugs in your home and you are guilty of a crime warranted of execution if stupid Americans got their wish!

    ReplyDelete
    Replies
    1. I lost iQ points trying read that

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    2. A worrisome question indeed!
      Where it’s well noted that Mexico’s Human Rights standings among world leaders has not been favorable.
      With accusations of torture , kidnappings and murder within many official / state departments
      One can come to a conclusion of a spike / rise of drug arrests and deaths. Which brings the question of sincerity of these warrant less operations.
      The idea of apprehension is honorable when it serves and protects communities. Not a criminal organization or political objective.

      E42

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    3. Only cops with a mind like yours will do what you are suggesting.

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    4. Exactly E42. Mexico already is already known for human rights abuses laws like these only give some people more power. If the death penalty where imposed nobody would be able to stop those already in power from using that power to eliminate others.

      Delete
    5. 11:16 if it can cross one persons mind it can cross a criminal cops mind also.

      Delete
  2. This will make things interesting for the judiciary. It may help show which judges are corrupt as they will now not be able to throw it out on a technicality. This should help the police immensely.

    ReplyDelete
    Replies
    1. Can we really entrust police with such authority?
      Due process for any human being should not be overlooked.Much less taken lightly.
      Imposing / implementing such can lead to a a breakdown of civil structure and order.

      Suggest body cameras as a start. Along with an internal review board for checks and balances. If everything was done approximately there no need to fear!

      E42

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  3. I am old they been stopping me all life without cause

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  4. Policia have been doing this for years in TJ, guess the supreme court just caught on ....

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  5. That's really a doubled edged sword.On the 1 hand if it's not abused it should work OK but if it's used for a police shakedown than it's being abused.It really depends on who you get!

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  6. This is clearly a catch22. You want ledgit police to have the authority to search a suspicious situation, conversely, the idea that this new authorization will not be overwhelmingly abused is irresponsible and naive.

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  7. Ahora si van andar calintes lis compas.

    ReplyDelete
    Replies
    1. A los compas criminales no les va a pasar nada.
      A munchos inocentes se los van a enfriar.

      Delete
  8. More police will die

    ReplyDelete
  9. --On these times when any motherfaker dressed as a police officer and stop you, kidnap you and deliver you to your torturers and murderers...
    --when police officers acting in their capacity as state delictive forces can invade your house and shot you and your 2 month old baby for hiding in the bathroom unarmed.
    --when tamaulipas sicarios passing themselves for "peace officers" can call a government helicopter to shoot up your brand new truck because YOU MUST BE UNOS PINCHES NARCOS...
    --The motherfacking polessias and milicos should be disarmed and just observing and reporting and never conduct arrests or seizures without calling for citizen witnesses with proof and documents and make sure their "commanders" are putting their nalgas on the line, because Mexican law enforcement workers are so facking corrupt they can't be on their own and the pinchis magistrates have failed their commission for too long already.

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  10. So you're basically giving the crooked police force more power to abuse. 🤔...

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  11. Blah blah blah,consituonal law, supreme court, article analysis bullshit, YAWN! Meanwhile the Cartels continue their daily extermination and violent slaughter of the innocents.

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  12. So cops in MX are going to do what cops in the US do: racial profiling and discrimination against the indefensible...

    ReplyDelete
    Replies
    1. Sad but true.

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    2. U do make a point.
      Question is; who will be targeted?
      Mexico can’t play the discrimination game based on racial issue here. Since the ethnic demographics of Hispanics outnumber those of other ethnicity groups. Unlike America’s diversity of ethnicity.
      Moreover, doubt that those of other countries are involved in drug trafficking. Rather a small percentage if any.


      Delete
  13. This isn't nothing new in mexico, The policia been ripping off everyone for years

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  14. Inspiring story there. What occurred after? Take care!

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  15. As opposed to what ? The lawful and righteous activity mexican police engage in now ? Give me a break.

    ReplyDelete
    Replies
    1. 2:06 who needs to be righteous or lawful when the US is paying billions of dollsrs to mexico for the war on drugs and all they need to see is the daily number of killed narcos?...
      After hundreds of years the US still kills for scalps, I see.

      Delete
  16. this permitted policy of warrantless police searching is what is called a Police State -- nice going all you who have brought this down onto your hard-working trajabadores honest family oriented common folk Mexicanos!

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  17. Might as well legalize what's already going on anyway for decades. People get set up all the time to take a "criminal" fall and the police gladly play their part as the "refrescos" are handed out. These black pajama guys in their ivory tower in CDMX are just as corrupt as all the rest and have no real intention of protecting fundamental human rights...it's not one of the core tenets of their culture.

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  18. Coming to The US soon...

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    Replies
    1. Hell yes! All drug dealers life in prison or death. It works if it's used consistently and carried out immediately .

      Delete
    2. Well, florida, chicago, new yor' San luis, califas, among others think it has been here for a loooong time already...
      There are over 40 000 drug overdose deaths on the US in 2017, or about 115 a day, because nra, big pharmacy and US lawmakers needed to get their pockets full of money...

      Delete
    3. Maybe the death penalty?

      Delete
    4. 8:39 YES, death penalty OK, but start at the top with the banksters and offshorers, businessmen, lobbyists and the hypocrites that have made billions of dollars from their own illegal drug trafficking.

      Delete

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