The Taipei District Court yesterday dismissed legal complaints by New Party spokesman Wang Ping-chung (王炳忠) and six others over the seizure of their computers and cellphones by the Taipei District Prosecutors’ Office.
The homes of Wang and six other’s connected with the case were searched on Dec. 19 last year in connection with the trial of Zhou Hongxu (周泓旭), a Chinese national convicted of espionage and breaching the National Security Act (國家安全法) in September last year.
On Dec. 23, Wang, his parents and other people connected to the party filed motions to vacate the search warrant, which resulted in the seizure of electronic devices.
The search warrant was invalid, because it was stamped with a judge’s private seal, rather than his official seal or signature, Wang said.
Investigators confiscated items without her husband’s presence, Wang’s mother said, adding that she was unable to verify whether seized items belonged to him.
Wang and the six other people involved said that their devices were outside of the search warrant’s scope, as it authorized seizure of “electronic records,” but not the devices that store the data.
The court rejected the motions, saying that the complainants did not demand the Taipei District Prosecutors’ Office return their confiscated belongings prior to filing their motions.
As a result, the court has no standing to consider the legality of the warrant in connection to Article 416 of the Code of Criminal Procedure (刑事訴訟法), it said.
Furthermore, a judge’s private seal is a valid substitute for a signature authorizing a warrant, and procedure allows investigators to deliver impoundment vouchers to the property’s actual caretaker, the court said.
Those subjected to a search have no say in whether their belongings are relevant to an investigation, the court said, adding that pertinence can only be determined after items are examined.
The court also ruled that seizing mobile phones and computers helps to preserve the integrity of electronic records they contain, which is a necessary and covered by the scope of the warrant.
Since the seizure is temporary, the New Party members have not been deprived of their right to property and their motions are groundless, the court said.
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