BajaNomad

What should a tourist do if arrested in Mexico and accused of carrying drugs?

Lee - 6-1-2013 at 02:11 AM

http://www.nytimes.com/aponline/2013/06/01/us/ap-us-american...

What should a tourist do if arrested in Mexico and accused of carrying drugs?

By several accounts, Phoenix-area resident Yanira Maldonado did everything right when federal police said they found 12 pounds of marijuana under her bus seat, setting off a weeklong drama that ended with her release from jail after a court found the allegations were unsubstantiated.

The steps authorities say you should take:

NOTIFY YOUR CONSULATE

If you don't have your consulate's phone number — and you should — U.S. authorities say to insist that you be put you in touch. Consulates can reach family and friends and provide a list of attorneys.

The U.S. State Department has a free online service to register your travel plans and better help in an emergency. Registration is at https://step.state.gov .

"Reaching your consulate always works to your advantage," said Juan Tintos, tourism secretary for Mexico's Baja California state, which includes Tijuana.

HIRE A MEXICAN ATTORNEY

Many recommend Americans hire an attorney in Mexico because the country's legal system is so different, presuming guilt instead of innocence. Good attorneys also know how to handle demands for money, distinguishing shakedowns from legitimate expenses for legal requirements.

"They're never going to tell you it's a bribe," said Alonzo Pena, who retired as deputy director of U.S. Immigration and Customs Enforcement and was once stationed in Mexico. "They'll say it's a fee. It's disguised as a legal requirement to move your case forward. Just make sure you do it through an attorney."

APPEAL TO THE NEWS MEDIA

Pena, who suspects someone else on the bus put the drugs under Maldonado's seat, said the family was wise to seek news coverage.

"It brought attention to it," he said. "That really helped her a lot."

Kgryfon - 6-1-2013 at 03:08 AM

Thanks for posting this. Good info. I know if I ever get on a bus in Mexico (or anywhere else, for that matter), I'm going to check under the seat!

BajaBlanca - 6-1-2013 at 06:30 AM

What a great ending to a tragic happening. I have taken the bus numerous times and never thought of checking under my seat. How very cruel of the person that put the drugs there and i guess they will never be caught.

DENNIS - 6-1-2013 at 07:25 AM

The shame is that we would even have this discussion......that the possibility exists.

Hook - 6-1-2013 at 08:56 AM

Quote:
Originally posted by DENNIS
The shame is that we would even have this discussion......that the possibility exists.


Amen to that.

I wonder if this will affect media access in Mexico to a person who is in prison. I really feel like the media was 90% responsible for her getting released. Without exposure, who knows how long she would have rotted there?

Or, imagine if you were a single, atheist person with no relatives that knew you were there and could go to the media, contact a congressman, etc.

Having never been arrested in Mexico, are you granted any phone calls for free?

Loretana - 6-1-2013 at 10:17 AM

Quote:
Originally posted by HOOK


Having never been arrested in Mexico, are you granted any phone calls for free?



You must be joking. :rolleyes:

You get to call collect. I know of a case where the incarcerated guy had to pay a bribe to even get to the phone to make his collect call.

DENNIS - 6-1-2013 at 10:28 AM

Quote:
Originally posted by Hook

Having never been arrested in Mexico, are you granted any phone calls for free?


They'll do about anything for money, so if they think money is on the other end of that local call, they'll help you out.
Most often, they'll give you an attorney, at your expense of course, who will make calls for you. He'll be a predator just like the cops and is, in fact, part of their game.

DavidE - 6-1-2013 at 11:13 AM

Lee, IMHO that is a superb post. Thank you.

This also hits on WHY a person needs absolutely the best QUALITY automobile insurance. You go to the police station and into a cell. The one call you need to make is to an insurance agent who is aggressive as hell. He calls your surplus line broker and they go to work. They blast the attorney out of bed. He has a checkbook. He gets his butt down to the cop shop quick.

This is what I want. I don't want the surplus line broker to end up "wringing his hands" wondering about what is going on in Mexico. A good surplus line broker like Lewis & Lewis is going to get with the program fast and stick with it like glue. WHICH attorney you get is vital. Some insurance company abogados are laughed at by the cops and ministerio publico.

For a drug bust, it's a b-tch but try and stay as calm as you can. The BEST phone call to make is to a friend in the USA that you wisely left a sheet of paper with listing consulate telephone contacts, the number of the insurance surplus line broker, etc.

When arrested the cops are going to steal your wallet (meaning the money). If you are towing a boat, a friend has to come down fast and try and prevent the motor and electronics from being "Lost Somehow".

If you are old demand your MEDICINAS. Shout the word. Point to your heart. Take your cardiac and BP and blood sugar medications no matter how F'd-up and pompous the cops act. The stupidest cop in Mexico does not want a gringo to die in his custody - you cannot imagine the consequences he faces. He can. You'll get your meds.

Thanks Lee. IMHO a four star response.

Lee - 6-1-2013 at 01:03 PM

OK, here's one.

There was a couple on the whale trip I did in GN couple months ago (Shari knows who they are), who claimed they were scammed by the military at a checkpoint when a baggie of pot appeared and they were accused of possession. They didn't mention the checkpoint.

This conversation was at lunch and other people at the table heard these comments and the subject wasn't pursued except disbelief and comments like, you've got to be kidding? and so on.

Anyone know of this sort of situation happening?

Baja Bucko - 6-1-2013 at 01:09 PM

That's the thing about a foreign country-especially south of the border. As soon as you enter their country, you, as a citizen of the US have NO RIGHTS at all........none, zero, nada, zip......they don't have the Bill o' Rights and a lot of other things.

DENNIS - 6-1-2013 at 01:19 PM

Quote:
Originally posted by Lee

Anyone know of this sort of situation happening?


I know that they find military leaders [generals] in collusion with cartels, so why would anyone assign purity to these guys? They're capable of corruption just as anyone else here.
Remember...all you who like to dismiss corruption as a result of poverty.....these kids in uniform are as poor as anyone.
And....those pathetic four-stars.......the sacrifices they have to make. Such noble individuals.

http://interamericansecuritywatch.com/tag/jesus-gutierrez-re...



.

[Edited on 6-1-2013 by DENNIS]

DENNIS - 6-1-2013 at 01:22 PM

Quote:
Originally posted by Baja Bucko
That's the thing about a foreign country-especially south of the border. As soon as you enter their country, you, as a citizen of the US have NO RIGHTS at all........none, zero, nada, zip......they don't have the Bill o' Rights and a lot of other things.


Mexicans, when up against the establishment, have no rights either. The people with the guns talk, and those without, listen.

DavidE - 6-1-2013 at 01:33 PM

I find such a story incredible. Maybe at a SSP puesto de control but the ejercito and marinas are usually unbelievably strait-laced. For some reason "Mexico" brings out and amplifies the need for table-side tales. In Barra de Navidad some 16-years ago I listened to an account told by the gringo husband of a young woman who had decided to take a solitary midnight stroll on a beach. She claimed two marinas "accosted" her, pushed her down, stuck their hands under her clothing and then exposed themselves (they had flashlights).

I was dumbstruck. The story made too much sense. The young man did not know what to do. The place was filled with locals. I announced the story publicly. You would not believe the response. Within one minute a cell phone appeared and a Mexican woman was chewing the ass off the marina commandante in Manzanillo. Two days late the entire detachment of marines was made to stand at attention in public while the woman ID'd the 2 culprits. She was sure. (about a hundred civilians watched this including me). They confessed on the spot. The commandante ripped off their insignias ripping the shirt of both. Then the Federal Police arrested them (the military is not allowed to prosecute their own). I believe the local Mexicans when they told me, the two cabrones did not simply get transfered, "they are charged with sexual assault and are facing long prison terms".

There is intense pride in most army and marine (and Armada) personnel. They could not simply shake down a tourist and get away with it. There are too many honest and dedicated personnel at a puesto de control. This is very similar to stories I hear in Spanish regarding California Highway Patrolmen who accept bribes.

Bubba - 6-1-2013 at 03:09 PM

Quote:
Originally posted by Lee
OK, here's one.

There was a couple on the whale trip I did in GN couple months ago (Shari knows who they are), who claimed they were scammed by the military at a checkpoint when a baggie of pot appeared and they were accused of possession. They didn't mention the checkpoint.


Ok, and then what?

Lee - 6-1-2013 at 05:28 PM

Quote:
Originally posted by Bubba
Quote:
Originally posted by Lee
OK, here's one.

There was a couple on the whale trip I did in GN couple months ago (Shari knows who they are), who claimed they were scammed by the military at a checkpoint when a baggie of pot appeared and they were accused of possession. They didn't mention the checkpoint.


Ok, and then what?


I think people were shocked and the conversation drifted to other subjects. The couple did say they denied the pot belonged to them but I don't know the outcome. Maybe the soldiers backed off.

Maybe Shari will fill in the blanks as she was there and heard this.

I've not heard this kind of scam before in The Baja.

Bubba - 6-1-2013 at 05:49 PM

Quote:
Originally posted by Lee
Quote:
Originally posted by Bubba
Quote:
Originally posted by Lee
OK, here's one.

There was a couple on the whale trip I did in GN couple months ago (Shari knows who they are), who claimed they were scammed by the military at a checkpoint when a baggie of pot appeared and they were accused of possession. They didn't mention the checkpoint.


Ok, and then what?


I think people were shocked and the conversation drifted to other subjects. The couple did say they denied the pot belonged to them but I don't know the outcome. Maybe the soldiers backed off.

Maybe Shari will fill in the blanks as she was there and heard this.

I've not heard this kind of scam before in The Baja.


I was very curious but not surprised. Thanks.

Lee - 6-2-2013 at 12:06 PM

Quote:
Originally posted by Lee

Maybe Shari will fill in the blanks as she was there and heard this.

I've not heard this kind of scam before in The Baja.
Quote:
Originally posted by Bubba
I was very curious but not surprised. Thanks.


I'm not surprised either but am that no one is writing about military scams. The Mormon woman scammed recently indicates, to me, that those guys were involved.

I guess no one here knows of this happening in The Baja? No one?

I'm not surprised that Shari hasn't weighed in either. The couple I'm referring to live in Asuncion so she'd know if the story was true or not. And I believe the story is true.

So, now, I'm to believe that on top of petty thievery, military planting marijuana in a tourist's car, while searching it, is a possibility.

Dennis might know.

shari - 6-2-2013 at 02:40 PM

Although hard to imagine and not common as far as I know...this story is true...I know the people involved very well and they wouldnt make it up. But they raised a huge stink and were let go.

I also know a guy who had his Ipod ripped off during a search...again not common but there are these isolated incidents.

I was told by a Mexican that if you are caught with a personal amount of pot...obviously not for sale...you tell the officer you are an addict..sort of like medical MJ I guess...worth a try if you find yourself in a bind.

redmesa - 6-3-2013 at 10:25 AM

I believe this will happen and then what will be the next criminal issue to deal with?

http://www.kmbz.com/Former-Mexican-President-Wants-Marijuana...:smug:

elgatoloco - 6-3-2013 at 10:45 AM

Quote:
Originally posted by Lee
OK, here's one.

There was a couple on the whale trip I did in GN couple months ago (Shari knows who they are), who claimed they were scammed by the military at a checkpoint when a baggie of pot appeared and they were accused of possession. They didn't mention the checkpoint.

This conversation was at lunch and other people at the table heard these comments and the subject wasn't pursued except disbelief and comments like, you've got to be kidding? and so on.

Anyone know of this sort of situation happening?


My family has a beach house in northern Baja since 1960. MY father has been going to Baja since the '40's. At the checkpoint on the libre heading north into Rosarito my father, who is now 87, and his golf buddy were asked to get out of the vehicle, they complied, and stood by the passenger side and watched as one of the soldiers opened the glove box and poked around and 'found' a small baggie with some 'weed'. This was about 5-6 years ago. When my dad, who is 6'4" solid, was accused of having pot he got in the face of the soldier and loudly protested (his buddy was freaking out watching pops) and told the soldier he was full of BS and asked for the jefe and told him the same. The jefe apologized for the inconvenience and told my dad he was free to go and when they drove away they saw the soldier who accused being led away. Since that day no one in our family, except my father, takes the northbound free road past Puerto Nuevo. :saint: My dad does not smoke pot.

DavidE - 6-3-2013 at 11:24 AM

Elgatoloco, THAT one I can see happening.

What screwed the plans of the perp was your pop alerted the sargento or corporal. The perp counted on cornering your dad and squeezing him apart and alone. Yours is a great example. If you think somebody filched something, or laid a plant, raise holy hell. I have known too many soldiers to believe that a "ring" could get away with busting extraneous. Oh, they could try, but they themselves are going to get busted. And it is a federal charge. Big time. Two counts. Possession of a controlled substance and attempted extortion. A few years in the "Centro de Rehabilitacion". What caught my attention in your account was the fact that the soldier "was led away". BUT! For a serious charge like this, I believe I would have insisted on talking things over with the "teniente" lieutenant, and then filing a report with the SSP.