Law enforcement officers will no longer be able to conduct raids in motels or other business venues unless they have "appropriate reasons," according to a draft bill approved by the Executive Yuan yesterday.
If a raid is necessary, it would have to be conducted during business hours. Citizens, who question the necessity of the raid and think the raid violates their individual rights, could request a written explanation from the officer on the spot. The paper would serve as a legal document in court should they find it necessary to file a lawsuit in the future.
The draft -- the statute regarding the execution of duties of police officers (
Addressing reporters after the weekly closed-door Cabinet affairs meeting, Cabinet Spokesman Chuang Suo-hang (莊碩漢) said that the piece of legislation was proposed to strike a balance between public security and human rights.
"The spirit of the law is that the means adopted by law enforcement officers should not infringe on human rights although they may have positive contributions to public safety," Chuang said.
The enactment of the legislation is in response to a request made by the Council of Grand Justices on Dec. 14 last year.
According to interpretation No. 535, law enforcement officers violate individual freedom, property rights and personal privacy if they conduct raids, interrogate citizens or stop people at road checks unless they are empowered by the law to do so.
Due to the lack of such legislation, the council requested that such a law be enacted within two years.
According to the draft, law enforcement officers should wear police uniforms or identify themselves when conducting raids, interrogating people, or asking drivers to pull over, or when searching vehicles, residences or business venues.
They should also have "appropriate reasons" to do so.
"Appropriate reasons" is defined as the reasonable judgment made by law enforcement officers based on their professional experience or information that would lead the officers to believe that a crime was being committed.
When law enforcement officers find a place, vehicle or business venue that has the potential of causing, or has already caused, pubic danger, they could conduct a search or investigation of the place, vehicle or venue.
They could not, however, do so at a private residence.
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