For example if someone is caught at some major airport trying to smuggle condoms with talcum powder in his butt, or in a hidden compartment in a suitcase for example
Someone might do this with the intention to test the airport security for various reasons, but what I mean is without any permission
I know this will vary from country to country, but let's say western Europe or US for example
It should be pointed out that smuggling doesn't just involve illegal goods but also includes legal goods that are brought in without following proper procedures such as paying required duties.
https://www.findlaw.com/criminal/criminal-charges/smuggling-and-customs-violations.html
- False Declarations;
- Exporting violations; and
- Importing violations.
False declarations can happen when a person returns to the U.S. or enters for the first time. They must declare the value of any goods they are bringing in from overseas. You can violate the law by misrepresenting the value of the goods, omitting them from the declaration form completely, or making false representations. Also, if you fail to disclose leaving or entering the country with $10,000 worth of currency, you can be criminally charged.
While I am not a lawyer I could see that the authorities might have an issue with someone pulling a stunt like that in order to "test" them. Even if there is no legal issue the person could be put through a lot while they run tests to confirm that nothing illegal is being brought in and there is nothing preventing them from making the process as long and painful as they can.
Something else to consider they also have rules in place for brining other legal objects on board planes if they resemble objects that are not allowed.
https://www.tsa.gov/travel/security-screening/whatcanibring/items/toy-guns-and-weapons
Squirt guns, Nerf guns, toy swords, or other items that resemble realistic firearms or weapons are prohibited. We recommend emptying water guns, which must follow the 3-1-1 Liquids Rule. Replicas of explosives, such as hand grenades, are prohibited in checked and carry-on baggage. TSA officers have the discretion to prohibit any item through the screening checkpoint if they believe it poses a security threat.
It is also possible to be charged with selling fake drugs and the local authorities can bring those charges and it can become their word versus your word about what your intentions are. In this case you might not be intending to sell them but it would be impossible to argue that you are not trying to pass it off as fake drugs.
Question: I sold a baggie of aspirins that I said was OxyContin to a guy at a concert. After the show, I heard that there were undercover officers in the crowd. Could I be busted for selling fake drugs?
Answer: Yes. States and federal laws make the sale of fake drugs illegal, and you can even be charged with an attempted drug sale under some laws.
In this instance you can consider this your lucky day. No drugs were found on you and hence your defence is airtight, even if that can no long be said about you after your cavity search. You didn't break a law, despite the fact the police have ample proof that you intended to.
Having a hidden compartment in your luggage isn't illegal, nor is the import of talcum powder in your colon, and while I suspect there are minor charges that could theoretically be levied for wasting the time of the police or making false statements to customs, in reality these would be very unlikely to pass the CPS' test of whether it's likely that they would secure a conviction on those very narrow grounds.
On the flip-side, you may find that this incident is used against you subsequently if the police feel (after having searched your phone, etc) that there was a conspiracy to import drugs, even if no actual drugs were found. And if you were caught passing it off as heroin and trying to sell it to someone, that would be punishable under the laws that govern 'Offering to Supply a Class A Drug'.
A right of "citizenship" is that your own border guards can't refuse you entry. The corollary is: "Anyone else, they can refuse".
If you pulled shenanigans like that, aside from the suffering while being detained as they investigate, once cleared they will refuse you entry and you must now pay for immediate airfare home at spot prices (list price). Expect a lifetime ban.
Further, that refusal would affect every future entry into countries which share data (most of North America and Europe) or that ask "have you ever been refused entry into a country". This also voids your eligibility for Visa Waiver Programs (again common among North American and European countries). Which means you must spend good money applying for a visa to countries you previously didn't need a visa for.
*The authorities would accurately view the stunt as an attempt to probe their security. They would presume this was "practice" / "a dry run" and your intent was to smuggle actual contraband in the future. As such, while in detention, expect "the third degree" in appropriate measure.
And if they choose to be unreasonable, and you or your loved ones reach out to your own country's diplomatic staff to intervene... what a fun conversation that will be!
Even though you probably ultimately wouldn't be convicted of smuggling an illegal substance, I can imagine a number of unpleasant things happening to you. This is not an exhaustive list, but off the top of my head:
Article 24 of Polish Criminal Code says that provocation is illegal*, if you are trying to provoke someone to commit a crime. So, if you would try to ask border guard to turn a blind eye on your talcum powder pretending to be drugs, you could indeed be arrested and end up in jail.
Assuming you didn't ask border guards or security to "commit a crime", simply had this in or on you, article 66 of Misdemeanour Code classifies false informations and appearances that caused alarm as misdemeanour punishable by arrest or up to 1500 PLN (around $375) fine, plus up to additional 1000 PLN if your actions caused an unnecessary work, like drug tests on talcum.
* Police, anti-corruption office and few other institutions are exempt from this, under very specific regulations. But that's irrelevant for the question as asked.
Many contraband items are not illegal to posses. You cannot import meat from Brazil to the UK because the UK only allows meat imports from rabies free countries. Not because steak is illegal. You are off course free to import meat from Brazil to the US because both those countries already have rabies.
Some of the bans are really weird. Dog breeders in Australia have a real chore introducing new bloodlines to the country. It can take an animal up to a year to pass rabies quarantine. Not really unreasonable if you consider what a massive disaster it would be if Australia and New Zealand had rabies introduced there.
More specifically depending on a slew of indicators you may have your luggage searched. This may or may not lead to an x-ray. In your case the x-ray will show you have swallowed a condom. This will most certainly prove to the officer you are a drug smuggler.
You will then be detained until you pass the condom. It would be tested for drugs. This test would then come back negative. If this would to happen in Spain a country with a well established justice system you could tell them what you did and then because as you say swallowing drug free condom is not illegal you would probably be set free by a very unhappy airport officer.
If you are in a country like Brazil where the police are in some ways more like a para-military organisation then you may also tell the officer this and he may also set you free or he may decide to lock you in the holding cells for a week before reporting to anyone what happened. Who is to say? Either way probably not a good idea.
Because of the real narco wars fought in many places in the world police may not take too kindly to a stunt like this. Police generally have enough work trying to catch real criminals they don't need honest people wasting there time for no real reason.
