Gun Charges? The Mexican Attorney General’s office and police work tirelessly to reduce insecurity in Mexico, making arrests related to gun charges a priority. If you are under investigation for a gun-related offense (learn about penalties in Mexico for firearm charges), it’s important to understand the types of investigations the Attorney General and investigative police may conduct.
Search Warrants for Residences
Most gun charges investigations in Mexico are conducted via a search warrant, which a judge can issue to the Attorney General. When the Attorney General’s office receives information that someone possesses a firearm at their residence, they work to obtain a search warrant immediately. The police present the information to the Attorney General, who drafts a search warrant, then submits it to the judge who authorizes the search for the firearm.There are two ways police may enter a private residence for a firearm investigation:
Authorization from the Person Living in the Residence where the Gun is Located
 If there is information that an illegal firearm is present in a private residence, police may enter the residence and secure both the firearm and the individual in possession of it., Article 290 of the Mexican Criminal Procedure Code regulates this provision:
“Article 290. Entry of Authority into a Place Without Judicial AuthorizationÂ
Entry into a closed place without a judicial order is justified when:
I. It is necessary to repel an actual, imminent, and unjustified attack that endangers the life, integrity, or personal freedom of one or more people, or
II. It is carried out with the consent of the person authorized to grant it.
   The Attorney General must appear before the judge within five days after this action to ensure that the rights within the criminal process have been respected.”
Judge Order to Enter the Private Residence (Search Warrant)
  When the Attorney General has evidence that there is a firearm in a residence, warehouse, business, or any private property, a judicial order from a judge is required for authorities to enter and seize the gun. If someone is found in possession, they may be arrested. Articles 282 and 283** of the Mexican Criminal Procedure Code set the guidelines for a search warrant.
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“Article 282. Search Warrant Request
 When the Attorney General determines that a search is necessary because the place in question is a private residence or property, they must request judicial authorization to conduct the investigation. The request, which will be recorded, must specify the location to be searched, the person(s) to be apprehended, and the objects sought, along with the reasons and evidence supporting the need for the order, and which public officials may carry out the investigation.
If the area to be inspected is accessible to the public but part of the private residence, it may not be subject to a search unless ordered otherwise.”
How Police Officers May Investigate a Vehicle for Gun charges
Mexican police may search a vehicle without a warrant if, during a traffic stop or if there is reason to believe a crime has been committed and the vehicle is in transit. In these situations, the officer may conduct a thorough search of the vehicle and, if a firearm is found, arrest the person and refer them to the Attorney General’s office.
At a border customs checkpoint, customs agents may ask if you are carrying firearms, search your luggage, or carry out their duties. If firearms are found, you may be arrested and referred to the Public Ministry.
Vehicles that are parked without the driver present may only be searched if they are violating a traffic law or someone has reported to 911 that there is a firearm inside the vehicle. In these cases, a judge’s order is not required to inspect the vehicle; however, the owners cannot be arrested if they are not near the vehicle or if they do not claim the firearm as their property.
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When Someone May Learn They Are Under Investigation
Mexican officers, customs agents, and police will do everything possible to prevent someone from realizing they are under investigation to prevent them from fleeing. If you are not arrested when found in possession of a firearm, you will only find out you are under investigation if summoned to the Attorney General’s or judge’s office. Transparent justice is necessary to defend your rights and regain your freedom.
The Mexican criminal process explained in English
Facing Charges in México?.
