police searches in japan

this is an old article I dug up, but relevant to recent increases in police activities directed towards foreigners:

Police shakedowns on the rise
By MARK SCHREIBER

Weekly Playboy (Oct. 16)

Last January, I was rushing past the koban [police box] at the west exit of Shinjuku Station en route to a meeting and suddenly this cop halts me, saying, 'Will you please submit to an inspection of what you're carrying on your person?' " relates editor Toshikazu Shibuya (a pseudonym), age 38. "I happened to be carrying this Leatherman tool, a pair of scissors with a 3-cm-long folding knife attachment in the handle. The next thing I knew, he escorted me into the koban."

Shibuya vociferously argued that he used the tool for trimming films and other work-related tasks. "There's no need for that gadget, you can find something else," the cop growled, confiscating it.

Several weeks later Shibuya was summoned to Shinjuku Police Station to undergo another round of interrogation. After an hour, he was let off with a stern warning that possession of such scissors was illegal, and made him liable to misdemeanor charges.

Weekly Playboy reports that police have been conducting these shakedowns of the citizenry as part of an "Emergency Public Safety Program" launched in August 2003. In 2004, the number of people actually prosecuted for weapons possession misdemeanors uncovered during these ad hoc inspections, referred to as shokumu shitsumon (police questioning), reached 5,648 cases, double the previous year, and up sixfold from 10 years ago.

"I think you can interpret it as an expansion of police powers," says a source within the police. "They are taking advantage of citizens' unfamiliarity with the law to conduct compulsory questioning."

In principle, police are not empowered to halt citizens on the street arbitrarily. The Police Execution of Duties Law, Section 2, states that an officer may only request that a citizen submit to questioning based on reasonable judgment of probable cause, such as suspicious appearance or behavior.

Moreover, Weekly Playboy points out, compliance to such a request is voluntary, i.e., you have the right to refuse.

Hiromasa Saikawa, an authority on the police, states that officers are being browbeaten to come up with results, or else.

"Officers are under pressure to meet quotas for nabbing suspects who can be prosecuted," he says. "Low achievers might be passed over for promotion or denied leave time."

What should you do if you're stopped? Weekly Playboy offers several suggestions, including recording the conversation and carrying a copy of the relevant passage of the law to show you know your rights. Since cooperation is voluntary, you can refuse; but an uncooperative attitude might be regarded with suspicion. Raising a ruckus in a loud voice might cause a crowd to gather and convince the cop you're more trouble than it's worth.

But on the other hand, a show of good manners is probably a wiser strategy. Keep smiling, but be resolute. Policemen are human too, and a disrespectful attitude will probably just aggravate matters.

"A cop already knows that almost everyone he stops for questioning will be a law-abiding citizen," a retired policeman tells Weekly Playboy. "If you refuse, they'll suspect there's a reason. They can summon assistance and gang up on you, or in a worst case even make a false charge that you interfered with official duties."

For the time being, the magazine concludes, it's probably a good idea to eschew carrying knives and other potential weapons on one's person.
The Japan Times: Sunday, Oct. 8, 2006