What to Do If You’re Arrested During a Police Stop?
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目錄
- I. Can Police Conduct Random Stops Anytime and Anywhere?
- II. What Should Police Do Before Conducting a Stop?
- III. What Can Police Do During a Stop? What Is the Scope of Police Inspection Authority?
- IV. Case Analysis: Can Police Search Your Car Just Because You Have a Criminal Record?
- V. If Police Conduct an Unlawful Stop, How Can You Protect Your Legal Rights?
- VI. If You’re Arrested During a Police Stop, What Should You Do? Advice from Chien Sheng Lawyers
Understanding Police Inspection Procedures and Your Legal Rights – Chien Sheng Law Firm Explains How to Protect Yourself
“Why not cooperate with police if you haven’t done anything wrong? Support the police!” Whenever news of illegal police stops surfaces, social media comments invariably include such remarks. However, if it’s “cooperation,” that implies it’s not an absolute obligation. So why should you be stigmatized for not cooperating? And if you’re arrested during a police stop or searched illegally, how should you handle it?
This article from Chien Sheng International Law Firm provides a detailed analysis of what constitutes a lawful police stop, what the scope of police inspection authority actually is, and how to protect your legal rights when facing an unlawful stop or arrest.I. Can Police Conduct Random Stops Anytime and Anywhere?
According to Article 6, Paragraph 1 of the Police Authority Act (警察職權行使法), police cannot arbitrarily conduct stops, enforcement, random checks, or questioning regardless of time, place, or subject.
Police can only conduct stops in “public places, designated roads, checkpoints, or lawfully entered locations,” and there must be reasonable grounds to believe the person’s conduct constitutes or may cause harm. In other words, if a person is simply walking on the street or driving without any suspicious behavior, police cannot arbitrarily stop and question them.
Article 6, Paragraph 1 of the Police Authority Act states:
Police may verify the identity of the following persons in public places or lawfully entered locations:
1. Those reasonably suspected of committing a crime or having criminal intent.
2. Those with facts sufficient to establish knowledge of a crime that has occurred or is about to occur.
3. Those with facts sufficient to establish that verifying their identity is necessary to prevent concrete harm to their own or others’ lives or bodies.
4. Those remaining in a location with facts sufficient to establish conspiracy, preparation, or commission of serious crimes, or harboring a criminal.
5. Those remaining in a location requiring entry permission without such permission.
6. Those passing through designated public places, roads, or checkpoints.
II. What Should Police Do Before Conducting a Stop?
1. Display Identification to Establish Authority:
Many people demand that police must show their police ID before cooperating with investigations. However, Article 4 of the Police Authority Act stipulates that police can conduct stops by wearing their uniform or displaying identification. Therefore, uniformed police can directly conduct stops.
2. Inform the Reason for the Stop:
Before conducting a stop, police should inform the person of any reasonable suspicion of criminal conduct or potential harm to others, explaining why the person must cooperate with the stop.
3. Stops Should Generally Be Conducted On-Site:
Stops should generally be conducted on-site. Police can only bring a person to the police station for questioning in the following circumstances:
• The person consents
• The person’s identity cannot be determined on-site
• Conducting the stop on-site would adversely affect the person (potentially affecting reputation or privacy rights, especially for public figures or politicians)
• It would obstruct traffic or public order
III. What Can Police Do During a Stop? What Is the Scope of Police Inspection Authority?
According to Articles 7 and 8 of the Police Authority Act, police can take the following actions during a stop:
1. Stop persons, vehicles, ships, and other means of transportation.
2. Ask for name, date of birth, birthplace, nationality, residence, and ID number.
3. Require the person to produce identification documents.
4. Inspect vehicle engines, chassis numbers, or other identifying characteristics.
5. Require drivers to submit to alcohol concentration testing.
6. If there are obvious facts suggesting the person is carrying items that could be used for suicide, self-harm, or harming others’ lives or bodies, search the person and their belongings.
7. When there are reasonable grounds to believe a driver or passenger may engage in harmful conduct, forcibly remove them from the vehicle.
8. When there are facts suggesting a driver or passenger may commit a crime, inspect the vehicle.
Chien Sheng International Law Firm particularly emphasizes that points 6 and 8 above explicitly state that police can only search a person’s body, belongings, and vehicle when there are “objective facts sufficient to establish criminal conduct.” Furthermore, such searches must be limited to “visual inspection and what is immediately apparent.” In other words, police can only observe the external appearance of persons, objects, or places with their eyes—they cannot further open bags, rummage through car trunks, or conduct body searches. Unless police have a search warrant or meet the requirements for warrantless search under the Criminal Procedure Code (such as incidental search, immediate search, or consensual search).
Additionally, except when illegal facts are discovered requiring legal procedures, once identity is verified, the person must be allowed to leave and cannot be detained.
IV. Case Analysis: Can Police Search Your Car Just Because You Have a Criminal Record?
One evening, A-hua was driving and stopped at a police checkpoint for identity verification—this constitutes a lawful stop. However, when police discover that A-hua has a prior drug conviction, can police further search A-hua’s vehicle?
Further inspection of the vehicle (searching through car contents) actually enters the realm of criminal investigation procedures known as “search.” As a general rule, a “prior criminal record” alone cannot serve as the basis for a search. Police must have other sufficient evidence to reasonably suspect that the person is currently committing a crime or has criminal intent (such as a strong drug odor emanating from the vehicle or visibly apparent contraband).
In this case, aside from A-hua’s prior drug conviction, police have not presented other evidence sufficient to prove that A-hua’s vehicle may contain drugs or drug paraphernalia. Therefore, A-hua has the right to refuse the police’s subsequent request to search the vehicle. If police forcibly conduct the search, the stop and search may be deemed unlawful, and any evidence obtained may be ruled inadmissible in court and excluded from evidence.
V. If Police Conduct an Unlawful Stop, How Can You Protect Your Legal Rights?
1. Object On the Spot:
According to Article 29 of the Police Authority Act, you can object to the police stop on the spot. If police believe your objection is valid, they should immediately stop or correct the stop procedure. If police believe your objection is invalid, they can continue, but you have the right to request that police make a written record of the objection and provide it to you (commonly known as an “objection form”). This document is extremely important evidence in future litigation.
2. Refuse to Consent to a Search:
If police lack a search warrant but request to search your bag or car trunk, you can clearly state “I do not consent to a search.” Do not be intimidated or think “if I have nothing to hide, I should let them look”—once you consent, it becomes a lawful “consensual search,” and any items discovered will become admissible evidence.
3. Seek Professional Legal Assistance:
If you are arrested or referred to the prosecutor’s office as a result of police discovering contraband during a stop (such as drugs, firearms, etc.), remain calm and exercise your right to remain silent. Request that “I will only answer questions after my lawyer arrives.”
VI. If You’re Arrested During a Police Stop, What Should You Do? Advice from Chien Sheng Lawyers
If you or your family member is arrested as a result of police discovering suspected criminal conduct during a stop (such as drug offenses, fraud, etc.), Chien Sheng International Law Firm recommends you take the following steps:
1. Stay Calm and Exercise Your Right to Remain Silent:
Before your lawyer arrives, aside from confirming basic identity information, you can state regarding case-related questions: “I want to wait for my lawyer before answering.” This is your constitutional right.
2. Refuse Nighttime Interrogation:
Unless there are special urgent circumstances, you have the right to refuse police interrogation during nighttime hours (from sunset to sunrise).
3. Contact a Professional Lawyer Immediately:
The initial interrogation phase (police questioning, prosecutor questioning) in criminal cases is critical. The content of the interrogation record often determines the direction of the case. By having a lawyer present during the initial interrogation, you can ensure your rights are protected and avoid being misled or pressured by police into making statements detrimental to your case.
Chien Sheng International Law Firm possesses extensive practical experience in handling various criminal cases, particularly fraud cases and drug-related offenses. We have the largest case portfolio in Taiwan and the most lawyers specializing in criminal cases. Regardless of where you are located, we have service offices in Taipei, Taoyuan,and Kaohsiung, ready to provide you with the most professional legal assistance on short notice.
If you encounter arrest during a police stop or face any criminal case difficulties, please immediately contact Chien Sheng International Law Firm and let our professional legal team fight for the best possible outcome in your case!Chien Sheng International Law Firm
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