【Legal Life】Ch14 Can the Police Enter a Home for Inspection and Search?

T'ai-sheng knew Tu-p'ing had made a rookie mistake by failing to properly hide his gear, only for it all to be discovered by the police. It was a complete embarrassment to the organization, and he decided to turn him into candy. Since some serious "re-education" was clearly in order, T'ai-sheng summoned Tu-p'ing to his own bistro to give him a thorough scolding. But after all, Tu-p'ing was his underling. T'ai-sheng knew that a boss must balance toughness with gentleness—a carrot and a stick. Therefore, he subsequently invited a few "women friends" from abroad to join them in singing and making merry to vent Tu-p'ing's frustrations.

Just then, because the local police officer felt something was amiss after the previous inspection—wondering why someone would suddenly rush into this quiet community carrying so many weapons—they launched a covert investigation, raided the bistro, and announced to everyone, "Based on the information gathered by the police, illegal transactions are taking place here. We must conduct a search. Everyone, squat down!" This instantly frightened all the young women out of their wits; some burst into tears, while others muttered repeatedly, "@&%^#*" (I'm innocent!)...

Can the police enter a home to conduct inspections and searches?

Regarding inspections, pursuant to Judicial Yuan Interpretation No. 535, the Police Power Exercise Act, and the Regulations for Police Implementation of Inspections, the police may conduct inspections in places, vehicles, or public venues where hazards have already occurred or which are prone to hazards based on objective and reasonable judgments; however, inspections may not be conducted in private residences. Regarding searches, pursuant to the Code of Criminal Procedure, the police must hold a search warrant issued by a judge, obtain the consent of the person being searched, or meet the requirements for an "emergency search" before they can enter a premises to conduct a search. This is not limited to public places—your home, my home, anyone's home is fair game. Therefore, provided that the legal requirements are met, the police can indeed enter a home to conduct inspections and searches.

The difference between the two is that a search is conducted pursuant to the Code of Criminal Procedure to look for criminal evidence and confiscable items, involving the search of a defendant's or third party's body, property, computer files, and residence based on a search warrant issued by a court. An inspection, on the other hand, is when the police reasonably suspect that certain individuals are engaging in illegal activities, or that certain premises are being used for criminal acts, etc. To maintain public order and prevent hazards from occurring, the police may, pursuant to the Police Power Exercise Act, intercept people in public places or designated venues to verify their identities. Only when there is sufficient evidence to prove that a person is carrying items capable of injuring themselves or others may the police further inspect their body and carried belongings.

The difference between an "inspection" and a "search" lies in the fact that a search allows officers to rummage through cabinets and boxes to thoroughly examine any area where target items might be hidden. Underwear and private savings might be exposed, which has a massive impact on people's right to privacy. Therefore, a search can only be initiated with a judge's consent or in truly urgent circumstances. An inspection, conversely, is conducted to preliminarily prevent crimes from happening; hence, it can only be initiated upon reasonable belief and must be confined to plain view, pat-downs of the body and clothing, and the exterior of carried items. Officers cannot retrieve items carried by citizens without consent. In other words—inspections are for viewing from afar, not for handling.

What should I do if the police use the pretext of an inspection to search the shop I run?

If the police have not obtained a search warrant and no emergency search situation exists, you may refuse the police search and decline to sign the "Consent Form for Voluntary Search." However, because the police have the authority to conduct inspections, you may ask them to comply with the relevant provisions of the Police Power Exercise Act and request an explanation for the inspection. If the police insist on conducting a search or check, you can raise an objection on the spot, ask the police to state their grounds, and then request to fill out an inspection record form while noting down the officer's badge number for subsequent legal remedies. At this point, the police are only permitted to ask customers in the shop to present identification documents. If there is no apparent reason to suspect they are carrying dangerous items, officers cannot arbitrarily inspect the citizens' personal belongings or vehicles.

If the police believe the situation meets the criteria for an "emergency search," you may ask them to explain what circumstances lead them to believe that a flagrant offender (in flagrante delicto) or a person subject to arrest or detention is hiding inside, that someone is currently committing a crime inside, or that evidence of a crime risks being destroyed or concealed if the search is not executed immediately. If the police are holding a search warrant, you must not arbitrarily obstruct the search, lest you incur the charge of "obstructing official duties." Nevertheless, pursuant to the Code of Criminal Procedure, the parties concerned have the right to be present while the search is being conducted, have no obligation to cooperate with the search operation, and certainly do not need to "re-enact the scene."