Now This had led to discussion on public security versus human rights. Lawyers say this incident is a valuable education in correct process. When undertaking spot checks, police should tell the person clearly what basis they are being inspected on. If police are unable to explain then they should stop the inspection so as not to raise accusations of infringement of human rights.
Feeling that the man looked suspicious, police asked to see his ID and found drugs. Spot checks are a useful tools helping police to crack many criminal cases. However, they are also open to accusations of infringement on human rights. Constitutional Court Justices' interpretation of the constitution number 535, states that police need to prove clearly that there is reasonable belief of risk to person or property to make a check. Thus the Legislative Yuan set a legislative basis for rights for police work, requiring police to have specific reason to investigate. For example, if the person runs away, this constitutes such a reason.
==KAO JUNG-CHIH lawyer==
This is a good example, to clarify how police should work. People can refuse to show their documents and if the police don't have good reason to check them, then the person can leave.
The Police Reform Association also took Minister Lee's case as an example to say that Lee did not disclose his identity and police acted legally in asking him to do so. If Lee was unhappy at the police request, he could appeal or bring a judicial case as a test case.
==MA ZAI-CHIN Spokesperson, Police Reform Assn.==
If you want to you can use the usual channels to appeal and let it become a test case in the hope that the Police Administration will use the opportunity to make sure that all officers take this as an example. It would be good and a positive step for police reform.
Ma said that police spot checks have often led to disputes and lead to a feeling of discontent from the general public towards the police. If Lee's case established specific scope for police checks then it had an educational purpose. Kao also suggests that more training be given on the procedure for spot checks. General public response is that police should not do spot checks based on clothing or appearance so that when criminal activity comes to light there is no suspicion of human rights infringement.
TRANSLATED BY：CLARE LEAR
記者 陳佳鑫 張梓嘉 台北報導
CONSTITUTIONAL COURT MANDATES CLEAR REASON NECESSARY FOR SPOT CHECKS|大法官解釋 警方臨檢應舉證明確事實
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