Police lacking a search warrant or probable cause and who rouse hotel patrons out of their beds in search of illegal sex deals are violating the Constitution.
That was the conclusion of the Council of Grand Justices, whose 15 members yesterday ruled that random raids went against the laws of the Constitution.
According to the council, police are not allowed to conduct random checks in the street or at hotels or on private households without a search warrant.
According to interpretation 535 of the Constitution, the justices said, suspects can refuse to be searched if police fail to present the appropriate warrants.
The council said that police may only carry out raids with search warrants for specific locations or people "who might endanger other innocent people."
But the council did not explain what kinds of locations and people could be classified as a "danger" to others.
Recent efforts to crack down on the sex trade have drawn fire from critics, who say police tactics violate the civil liberties of suspects.
For example, police under the command of Taipei Mayor Ma Ying-jeou (馬英九) earlier this year conducted random raids at city hotels in search of patrons sleeping with prostitutes.
The raids upset hotel operators, who said the Gestapo-like tactics upset their guests.
The council said yesterday that police raids should be limited and avoid bothering the lives and schedules of innocent people.
Law enforcement officers will now be required to present identification cards and search warrants. They must also explain to suspects why they are being searched.
"The grand justices clearly indicated that police methods to enforce the law should be adjusted and be more precise," Yang Ren-shou (楊仁壽), secretary-general of the Judicial Yuan, said yesterday.
"In the past, officers could first arrest suspects and then find evidence afterwards to put the suspects in jail. To be honest, this method did help resolve many criminal cases, but it also violated suspects' human rights."
Yang said police will now collect evidence first before arresting suspects.
Hsieh Hsiu-neng (謝秀能), secretary-general of the National Police Administration, said the council's ruling yesterday would help give police clearer guidelines to follow.
"The grand justice's interpretation of the Constitution article is actually very helpful and a good thing for all police officers," he said.
Hsieh said he expected that many police officers might find it difficult adjusting to new search procedures. "We will organize seminars and training courses to help them," he said.
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