SECURITY SURVEY RESULTS

During April and May of 2012, the MSC surveyed members of San Miguel’s foreign community (visitors as well as residents) concerning their knowledge of the regulations and practices of our city’s police and transito (traffic) departments and the Ministerio Publico (Public Ministry.) A total of 236 individuals answered some or all of the survey questions. The results of the survey appear below. 

Survey Questions and Answers

1. Do you know for certain the three-digit number to call for emergencies?
Yes 63.2%, 148 respondents
No 26.1%, 61 respondents
Unsure 10.7%, 25 respondents

The three-digit number is 066

2. Do you know when a Transito officer can and cannot impound your vehicle?
Yes 8.1%, 19 respondents

No 73.1%, 171, respondents
Unsure 18.8%, respondents 44
Your vehicle can be impounded: (A) if it is involved in a property-damage accident and the damages are not resolved at the scene; (B) if it is involved in an accident where someone was injured; (c) if you are charged with excessive spending or another form of reckless driving; (D) if the driver of the vehicle is deemed to be inebriated; (E) if the drive cannot display a valid driver’s license. However, if a passenger in the vehicle has a license, the passenger can switch places with the driver and you can continue on your way; (F) if there are discrepancies with the vehicle’s registration or its license plates; (G) if the vehicle is parked improperly; (H) at  the discretion of the Transito Agent who stops you – so be nice.
3. Can you distinguish a policeman from a traffic (Transito) officer?
Yes 61.7%, 145 respondents
No 25.5%, 60 respondents
Unsure 12.8%, 30 respondents
Police uniforms are almost always in tones of blue; pants are navy blue and shirt can be a lighter shade of blue. Protective vests are solid navy.
Transito officers usually wear khaki, brown pants or gray pants. The shirt can be white and is often covered by a day-glo light-reflecting vest in horizontal stripes of green and gray.
4. Are the city police responsible for investigating crimes after they have occurred?
Yes 11.5%, 27 respondents
No 56.2%, 132 respondents
Unsure 32.3%, 76 respondents
The correct answer is, “No.” Investigating crimes is the responsibility of the Ministerio Publico.
5. Is a police officer required to display identification or tell you his/her ID number upon request?
Yes 51.3%, 119
No 0.9%, 2
Unsure 47.8%, 111
The correct answer is, “Yes.”
6. Can a police officer enforce a traffic regulation?
Yes 20.4%, 47
No 28.3%, 65
Unsure 51.3%, 118
The correct answer is, “No.”
7. Can the local police enter your home without your permission?
Yes 6.4%, 15
No 51.5%, 121
Unsure 42.1%, 99
The correct answer is, “No.”
8. Can the Mexican Army enter your home without your permission?
Yes 23.7%, 55 respondents
No 17.2%, 40 respondents
Unsure 59.1%, 137 respondents
The correct answer is, “Yes.”
9. What does Ministerio Público do? Do they Conduct Trials; Prosecute crimes; Collect bad debts; All of the above or None of the above?
Conduct Trials 14.1 %, 29 respondents
Prosecute crimes 39.0%, 80 respondents
Collect bad debts 2.4%, 5 respondents
All of the above 36.6%, 75 respondents
None of the above 21.5%, 44 respondents
The correct answer is, “Prosecute crimes.”
Discussion re the conduct of trials option: The MP is separate from the judiciary. Prosecutors prosecute. Judges judge. Your accusers are not allowed to judge you.
Discussion re the collection of bad debts: Failure to pay a debt is a civil, not a criminal, issue. The MP deals with criminal issues. Civil issues are handled in civil courts.
10. Can you be detained in jail without being charged with a crime?
Yes 54.3%, 126 respondents
No 10.8%, 25 respondents
Unsure 34.9%, 81 respondents
The correct answer is “Yes.”
For “administrative offenses,” i.e., when there is no victim (for example, public drunkenness or rowdy behavior) the police can arrest the perpetrator and detain that person for 36 hours without a charge. After 36 hours, the police must free the perpetrator. (Note: If a detainee wishes, he/she can opt to pay a fine and be released promptly, before the 36 hours have run. The amount of the fine depends on the nature of the offense.) If an individual is arrested for a serious crime, such as murder, robbery, mugging, etc., the individual can be detained under the authority of the MP for 48 hours. During those 48 hours, the MP must decide whether or not to charge the detainee with a crime, i.e. that the strength of the MP’s case against the detainee is strong enough to present to a judge. If it is not, the detainee must be released. As soon as the judge gets the case, the judge has 36 hours to decide whether or not to hear the detainee’s case in court. If the judge does not opt to hear the case (for example, if the judge decides that the MP’s evidence against the detainee is not sufficiently strong to justify a hearing) the detainee must be released.
11. Are bi-lingual services available at the prosecutor’s office for filing a criminal
complaint?
Yes 46.4%, 109 respondents
No 11.5%, 27 respondents
Unsure 42.1%, 99 respondents
The correct answer is, “Yes.”
12. Can you insist that a Transito (traffic) officer show you the regulation in writing if you are stopped for a traffic or parking violation?
Yes 33.0%, 77 respondents
No 9.0%, 21 respondents
Unsure 57.9%, 135 respondents
The correct answer is, “Yes.”
13. Do you know whom to call about parking problems?
Yes 24.5%, 57 respondents
No 56.7%, 132 respondents
Unsure 18.9%, 44 respondents
You should call the Transito Department; in San Miguel the number is 415-152-0538.
14. Can a foreigner keep a firearm in the home for personal protection?
Yes 14.5%, 34 respondents
No 55.6%, 130 respondents
Unsure 29.9%, 70 respondents
The correct answer is,  “Yes.”
The Mexican constitution permits all legal residents of Mexico to keep a firearm in the home for personal protection, non-Mexican citizens included. Non-Mexican residents are defined as “Inmigrantes” (FM2 holders under the old visa system.) Tourists (FM3 holders under the old visa system) are not residents and they may not keep a weapon at home. That said, all residents who want to keep a firearm in the home must first apply to the Mexican Army for a permit. If the permit is issued, the firearm must be purchased in Mexico from the Mexican Army. However, if a non-Mexican resident owns a firearm that was purchased outside of Mexico, for example in the US, has a US permit for the firearm and if the firearm is physically located in the US, the non-Mexican resident may apply to the Mexican Army for a permit to bring that firearm into Mexico to keep at home for personal protection. Obtaining such permits is complex and extremely time consuming. A permit to keep a weapon in the home does not constitute approval to carry the weapon.
15. Can you give a lawyer a power of attorney to complete legal procedures if you temporarily or permanently leave town after filing a criminal complaint against someone? Choose between Always, Depends on the situation, Never and Unsure.
Always 5.2%, 12 respondents
Depends upon the situation 24.6%, 57 respondents
Never 3.4%, 8 respondents
Unsure 66.8%, 155 respondents
The correct answer is, “No.”
In criminal matters, you cannot. However, in civil matters you can give a power of attorney to someone else, usually a lawyer, to handle the entire matter.
16. Does the prosecutor’s office offer arbitration services for recovery of your monetary damages resulting from a violation of the law or a traffic accident that is not your fault?
Yes 15.7%, 36 respondents
No 6.6%, 15 respondents
Unsure 77.7%, 178 respondents
The correct answer is, “Yes.”
The MP offers arbitration services in such cases because the Mexican Penal Code considers it a crime to damage another person’s property (including a car), not merely a civil matter to be handled by the civil authorities.
17. Where is the main police station located? Choose between (A) intersection of the highway to Querétaro & road to Dr. Mora; (B) at old city hall – Presendencia – in front of the jardín; (C) next to bus station and (D) unsure
A. At the intersection of the highway to Querétaro and the road to Dr. Mora  — 64.1%, 150 respondents
B. At the old city hall building (Presidencia) in front of the jardín – 16.2%, 38 respondents
C. Next to the bus station – 0.0%, 0 respondents
D. Unsure –  19.7%, 46 respondents
The correct answer is, “A”
18. Will the police file my criminal complaint for me at the prosecutor’s office?
Yes 2.2%, 5 respondents
No 53.9%, 125 respondents
Unsure 44.0%, 102 respondents
The correct answer is, “No.” This is something you must do in person.
19. Are you a full time resident?
Yes 84.1%, 196 respondents
No 15.9%, 37 respondents
20. Have you been a crime victim in San Miguel de Allende?
Yes 39.3%, 92 respondents
No 60.7%, 142 respondents