Rights re: searches, detention, etc

An added question in this regard: are the 'rights' afforded to citizens of the Dominican Republic equally afforded to non-citizens?

And do the rights differ for a foreigner who is here illegally?

Black Dog said:

And do the rights differ for a foreigner who is here illegally?

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What would you describe as a foreigner here illegally? I'm unsure what you mean, if a foreigner was here illegally then surely he would have been deported anyway!

SosuaJoe said:

Seems like lately the subject has been coming up a lot in conversation, so I'd like to put these questions to the DR legal experts:

Traffic stops: AMET is empowered to check paperwork etc and levy fines. Can regular policia (in grey) perform random traffic stops, request paperwork, etc? Are they authorized to take you to the station if you don;t have your paperwork in order? My understanding is that only AMET is authorized to do perform traffic stops, and that the greys are not (ie: the greys have no business pulling you over for traffic related issues).

Searches: Do I have to submit to a search of my vehicle? If so, who can search? Does it have to be an operativo (ie guys set up on the side of the road) or can any police or military randomly stop me for a search? Am I entitled to have them wait until a lawyer present to perform the search?

Arrest: Assuming one is not stopped at the scene of a crime, can the police legally come pick you up and bring you in, or do they require an order from the fiscal?



And before we go into it, yes, I know many think that the police can do what they want and that we are just dumb gringos who should pay them what they ask for etc. I for one think that knowing what the score is can only be a good thing.

Thanks in advance!

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I am not saying you are wrong for posting these quuestions but in real life when you are stopped on a deserted street and you know your rights!!! What good is it going to do you when they have guns and will do what they want anyway!!! Unless you have some high connections in the police or Govt my advise would be smile and pay the little propina and be on your way.

Art?culo 40 de la Constitucion:

Derecho a la libertad y seguridad personal. Toda persona tiene derecho a la libertad y seguridad personal. Por lo tanto:
1) Nadie podr? ser reducido a prisi?n o cohibido de su libertad sin orden motivada y escrita de juez competente, salvo el caso de flagrante delito;
...

Anastacio said:

What would you describe as a foreigner here illegally? I'm unsure what you mean, if a foreigner was here illegally then surely he would have been deported anyway!

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Tourist visa expired and no residency, I'm not sure if the Dominican authorities class that as illegal!

Anastacio said:

What would you describe as a foreigner here illegally? I'm unsure what you mean, if a foreigner was here illegally then surely he would have been deported anyway!

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The country is full of illegals, from Haitians to Europeans, Americans etc. 1,000's of people work here illegally. e.g. Foreign school teachers. Half the bars frequented by foreigners.

We have a bunch of posters on DR1 that are living in the DR, working and do not have residency. Illegals

Now that's cleared up, back to regular programming....

Robert said:

The country is full of illegals, from Haitians to Europeans, Americans etc. 1,000's of people work here illegally. e.g. Foreign school teachers. Half the bars frequented by foreigners.

We have a bunch of posters on DR1 that are living in the DR, working and do not have residency. Illegals

Now that's cleared up, back to regular programming....

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Dang man, way to shine the light? What a wingman!

Anyway I think it is a serious question, because there are so many different police agencies here which are only discernable based on the color of their uniform. But you tend not to know their jurisdiction nor their charter to know what their limits or boundaries are. And also, you dont know the rationales for procedure for many stops. I see them COBA guys out there sometimes and then the DNCD guys other times. And then there are the police who use a totally different colored car. And the most suspicious ones who are plainclothed.
Uniformity or Provinciality would help alot, as much as two terms contradict each other.

as long as not caught in flagranty on a crime scene the Police needs a Orden de Fiscal to search you or your car or your property, the same to take you in for questioning.
the Roadblocks/Checkpoints we encounter so often, where a mix of DNCD and P.N. and Military/mostly Marina de Guerra on the East stop and search your car for weapons and drugs, are ordened by a Fiscal, so they can legally search your car and for what ever illegal they find(like some sneefies, or a weapon not acompanies with the up to date renewed Permit etc) that orden de Fiscal allows them to take you in.
lately I observe such Check-Points often acompanied by at least 1 AMET member also asking for all the Car Papers, they even check the chassis numbers of the stopped Motorbikes and usually keep 1-2 Truckloads of them each Checkpoint Day.

to get stopped by the Grey Uniforms somewhere, without anything ''wrong'' done, would be different. but what you wanna do in the middle of nowhere stopped by a Police Car?
run away and get shot in the Back?
no 'afterwards' explanation would bring you back to life.

a simple reason for those 'officers' to explain why they stopped you would be "You drove your Car dangerously, like a drunk or a drug-addict", so they had to stop you for the Public's Safety.
Who's right?
Proof that You are!

Mike