Has anyone else had this happen to them as of recent? I am 23 year old white male and work as a model in Japan, and other countries too. I was walking through Shibuya station yesterday, when two cops run up to me out of nowhere and ask to check my ID. Then it moved into a body search, then a bag check, and after they requested for me to unlock my phone so they could go through my photos and my applications. Now, I know how the police are in Japan and how 99% of the time it’s better to just allow them to get on with their search and then move on with your day, but I refused to allow them to search through my private images, for no other reason than being a foreigner.
Next thing I know I’m surrounded by 8 police officers and they aren’t letting me move, or go anywhere and they had me cornered.
They ended up giving me three options
1) They check my phone and let me go if everything is OK
2) They drug test me at the station and let me go if everything is clear
3) They hold me in jail for up to 23 days until they get a warrant to forcibly allow them to drug test me.
This obviously ruined my day and also made me late to a job I had.
What is the best thing to do in this situation if it happens again?
Is this legal? Does it fall under coercion? I had refused many times but they would not take no for an answer.
Any advice / anyone with similar experiences I would love to hear your thoughts.
Thanks, and stay safe!
36 comments
So, which option did you choose?
During the day?
1. You weren’t forcibly anything. You voluntarily submitted to a drug test.
2. If you’d wanted you could have sat down and done nothing and waited for them to leave. They couldn’t arrest you and force you to the police station without a valid reason. They would have ordered you to go with them, they can’t force you to go without arresting you though. If you accidentally touch one though you’re in trouble which is why my advice is to just sit down like you see Japanese do in this situation with your bag held in your lap so they can’t search it.
3. They could have stood around you for a few hours until something important came up waiting for you to submit to the drug test. Your options are wait or agree.
4. If they’d been dicks they could have indeed gotten a warrant to drug test you. Unfortunately refusing to take one has been taken as a reason to issue a warrant in the past. The reality is they wouldn’t bother.
5. Absolutely never go to the station with them again without being arrested. At that point you’re there voluntarily and your 23 days doesn’t start until they actually arrest you. You are literally in limbo and at their mercy unable to leave until they release you.
I’m sorry to hear you experienced this. Just another case of racial profiling.
Too bad noone recorded this. [https://www.reddit.com/r/PublicFreakout/comments/127mnog/embarrassed_japanese_cops_abandon_search_of/](https://www.reddit.com/r/PublicFreakout/comments/127mnog/embarrassed_japanese_cops_abandon_search_of/)
Fishy
sounds bizarre unless you are leaving out an important detail or someone has accused you of being in possession of drugs
legally all you are obligated to do is show them your residence card. They arent technically allowed to do anything else without a warrant but we all know thats not how it might go down in reality.
Yeah police in Tokyo have realized recently that white peoples are just as likely to do drugs and have been going after ‘em
Never ever surrender your phone PIN code. NOTHING good can come from it even if you have ‘nothing to hide’. All talk of it “showing your innocence” or crap like this is a lie.
Best case: nothing
Worst case: they find something else
(The more detailed response would be to not even talk to the police. Get a lawyer and refuse to say anything, but yeah, an escalation like that could take a lot of time)
On a similar topic, if a foreign resident of Japan was to go to, for example, Canada or California, perfectly legally smoke there, come back to Japan, get stopped and fail a drug test, I wonder what the consequences would be.
They are welcome to rummage through my bag, my gym gear is absolutely rank.
Nobodies searching me without probable cause or a warrant. But im here because my wife got homesick and I feel no attachment to this place. I can see how scary it would be if you built a life here and plan to be here long term.
[deleted]
What sort of things are we not allowed to have on our phone? Aside from text messages providing proof of drug sales/purchases…
Wow, that’s extremely odd.
So, what do they do if the go through my phone and see all the memes from shitposting pages/subs..? Some are really dark lol.
I get stopped by police a lot. I’ve been asked for a search a few times. The first time, I went along with it because I was new to the country and didn’t know any better. Second time, it was a lone cop and I ignored him, kept walking, didn’t respond and he dropped it. The third time, I was cornered by multiple police and asked for a search, I said no and they immediately dropped it. I’m not entirely convinced that refusing searches results in issues. For me personally it has never escalated beyond showing the residence card and I’ve been stopped more than anyone I’ve ever heard of.
They are also liars. Saliva tests tests do not work after 23 days.
I got searched near shinjuku station a few years ago, it was a stupidly cold morning and after checking my passport and getting me to empty my pockets, they realised I was wearing 2 pairs of jeans (skinnies under straight fit) the moment they saw the waist of the lower pair they started shouting at me and made me drop my top pair in the middle of the street to then pat me down a second time. Once they ascertained I was hiding nothing they gave me my passport back and could not have been more polite.
The instant drug testing to me almost seems like they have new tech and they’re testing it out, and they presume foreigners will be more likely to fail a drug test thus making the new equipment justified in their budgets.
Well that sucks.
However next time, no matter how annoying they are, just say no. They can’t force you.
Unless they would get a warrant.
But why male models?
>What is the best thing to do in this situation if it happens again?
“Let me call my lawyer.”
This happened to me last year, granted I was wearing all black, had my facemask on and had my hood up (maybe being black played a part) so I looked hella suspicious. Once they saw my student card and recognised the university they left me alone immediately lmao.
Does anyone know if they could actually hold OP in jail until they got a warrant?
I would like to add that you want to check your apps Google will save audio recordings when you interact with Google Search, Assistant, and Maps, in your Google Account. I am an American and volunteered in Turkey when I looked into the snippets Google saved to my phone. I recognized the conversation I was having and audio captured me saying “I’m a volunteer” but the transcript read “I’m a terrorist”. I couldn’t even make this up if I tried.
They legally can’t do anything if you refuse to cooperate, except for maybe the ID (circumstances might make that illegal too but it’s iffy).
Shokumu shitsumon (Questioning) are defined in the Police Duties Execution Act Article 2, subsection 1. They have to have probable cause. Then also you’re within your rights to not be searched without consent. Technically even if you flee it’s not illegal at this point, although they would chase you.
Always record the police and report them to the 公安委員会, or the Public Safety Commission. You can also sue them for infringement of rights.
https://www.japaneselawtranslation.go.jp/en/laws/view/4043/je
The ID thing is defined in the Immigration Control and Refugee Recognition Act, Article 23 Subsection 3 states that you have to present ID when requested during the duties of police officers (among other officers mentioned). Illegal questioning is not within their duties, but I personally think it’s hard to refuse this one, since nationalized people don’t have that limitation to their rights.
https://www.japaneselawtranslation.go.jp/ja/laws/view/3624
Edit: someone else said to ask for their police ID (警察手帳). Police are obligated to present it under the 警察手帳規則 第5条 or Article 5 of the Regulations for Police Badges (not an official translation).
https://elaws.e-gov.go.jp/document?lawid=329M50400000004
Sorry I can’t find the English version for this one.
Edit 2: On search warrants and seizure and search:
Japanese Constotution Article 35, on the right to not be searched.
https://japan.kantei.go.jp/constitution_and_government_of_japan/constitution_e.html
Immigration and ID exceptions as stated above.
Police Duties Execution Act Article 2 subsection 1, 3, and 4 adds details to what they can do during questioning, and on arrests and detainments as stated above.
Code of criminal Procedure Article 218 on exceptions to that rule on warrants. (Search warrants and arrest warrants)
https://www.japaneselawtranslation.go.jp/ja/laws/view/3364
Question for all living in big cities such as Tokyo, Nagoya or Osaka: How often do you get random checks by the police? I have never had any checks living in the burbs. It seems like downtown at one of the major train stations is where I got checked when I had them in the past.
Don’t ever go to the station. They could have kept you for 23 days just for fun.
I’m sorry to hear that. So sad and disgusted about the racial profiling they do so often. I googled in Japanese and here is what I found:
***************
Q: If I am questioned about my duties when I am in a hurry, how can I refuse?
A: It is possible that you are questioned on duty when you are in a hurry for work or other reasons.
If you simply tell the police officer that you refuse because the questioning is voluntary, as mentioned above, it is unlikely that he or she will give up.
If you insist on refusing, why don’t you ask the police what kind of suspicious reason they have for judging you?
If there are no suspicious reasons, you do not meet the requirements to be questioned in the first place, so there is a possibility that you will be released on the spot if you cannot give any suspicious reasons to satisfy the police officer.
If you do not have enough time, it may be difficult, but if you know a lawyer, you may consider asking for help on the spot.
On the other hand, if there are certain reasonable grounds for suspicion listed by the police officer, responding rather than refusing will ultimately save time.
If you still really don’t have time to respond to a duty question, you may have to give them your business card and ask them to contact you later, although it is hopeless.
*********
So the first option might work if you could state it well in Japanese (or if the police officer speaks English), because we should be able to refuse it unless there is some obvious reason the police officer needs to stop you. Wording can be important, I saw the video the woman posted and noticed when she asked the police guy why they think she looks suspicious the guys didn’t actually answer it, the answer was vague, (becoz i think that obviously she didn’t look suspicious at all in any form, she’s just non-japanese and in my opinion the guys just wanted to randomly check non-japanese (actually even Japanese too) when they had nothing to do or something idk), so anyway the police guy changed his question afterwards.
I am not sure about the business card, it sounds alright, but please be careful when trying to take out something from your pocket or make move or something, one slight touch to the officers can be a good reasoning for them to arrest you as well as making sudden move or something.
It’s annoying, but with just a quick search, you can see that the police do require bag checks for Japanese people as well. There is a series of videos of a guy who encountered 職質 (police questioning) from the police (Search 職質記録Part1池袋編 丸山直流 posted by SuguruMaruyama). And a lot of articles tell you how to deal with police when they ask to check your bags.
[警察 職質 持ち物検査 拒否 – Google Search](https://www.google.com/search?q=%E8%AD%A6%E5%AF%9F+%E8%81%B7%E8%B3%AA+%E6%8C%81%E3%81%A1%E7%89%A9%E6%A4%9C%E6%9F%BB+%E6%8B%92%E5%90%A6&sxsrf=APwXEdfd0MG6oH63j_lEsxlFXC_-q1VLZQ%3A1686149302982&ei=tpiAZJ7AO-Xv2roPhpCn0AY&ved=0ahUKEwie8_fRs7H_AhXlt1YBHQbICWoQ4dUDCA8&uact=5&oq=%E8%AD%A6%E5%AF%9F+%E8%81%B7%E8%B3%AA+%E6%8C%81%E3%81%A1%E7%89%A9%E6%A4%9C%E6%9F%BB+%E6%8B%92%E5%90%A6&gs_lcp=Cgxnd3Mtd2l6LXNlcnAQAzIFCAAQogQyBQgAEKIEMgUIABCiBDIFCAAQogQ6BAgAEEc6CggAEEcQ1gQQsAM6BwgjEIoFECc6CAghEKABEMMEOggIABCJBRCiBDoMCCEQoAEQwwQQChAqOgoIIRCgARDDBBAKSgQIQRgAUK0sWIqIAWDwiQFoCnADeACAAZ4BiAGGF5IBBDEuMjKYAQCgAQHAAQHIAQo&sclient=gws-wiz-serp)
I’m not saying what they do is right, I just want to point out that you can’t jump into conclusions.
what kind of drug test? Urine?
I’d ask what I get in return; a sticker or something?
“what do I get?”
Now a lot of people will advise you to be cooperative with the police and generally speaking that probably works out. The problem is that there’s plenty of power tripping asshats (like the ones described by OP) who just can’t resist the chance to ruin a foreigners day, even the ones that start off very polite.
For anyone here who has had some bad experiences, try this approach next time, so far it has worked wonders for me :
​
1. Start recording them immediately and take control of the conversation, ask for their police ID (警察手帳).
If they start whining about not being able to show it into the camera ask them if they intend to do something unlawful to you and if not, it shouldn’t be a problem. They could be cosplayers after all!
If you can be very dominant in a conversation it’s possible to end the interaction right there. You’re also legally allowed to film them since they’re public servants in a public place so don’t fall for their “but mah 肖像権！！”.
2. If they want to see your residence card, ask them why they think you’d have one and make them admit on camera that they are racially profiling you.
Do not admit to being a foreigner if they ask you, keep pressing them on this until they start asking you for something else or just ignore the question and move on to point 3.
3. Make them explain the reason why they’re stopping you.
They need probable cause, which according to the law is the suspicion of you being about to or in the process of committing a crime. If they give you some bullshit answer ask them what specific crime they’re suspecting you of.
4. They most likely are going to press you for ID, a bag/car search or in OP’s case the phone which legally they aren’t allowed to do without your consent (they need a warrant).
Ask them if they have one (ofc they don’t) and then immediately confirm with them if you’re being detained. Keep pushing that question until you get a clear NO from one of them and repeat out loud what that guy or gal said.
5. Since you now got confirmation on camera that they neither have probable cause nor a right to detain you, tell them that you intend to be on your way now since they have no legal right to hold or interrogate you.
Point towards the direction you intend to walk while firmly telling them to not physically block the way because that would be illegal. Repeat yourself a few times if necessary.
6. They realize their bullshit doesn’t work and run off, sometimes you even get an apology.
Keep filming the whole time, stay calm and be very assertive. Never raise your voice or make sudden moves that they could turn into a reason to detain you.
The reason why you want the camera rolling right from the start is so that later they can’t lie about parts of the interaction to make you look bad.
Your word unfortunately isn’t worth much here so you want as much hard evidence as possible.
​
Edit:
Just to clarify point 2, the reason why you want them to admit to racial profiling has nothing to do with political activism, it’s just a strong piece of evidence that supports your case against their unlawful 職務質問.
Your job isn’t to lecture them on why it’s wrong to do so, you just want confirmation and then move on to part 3.
Having been in Jail 4 times here I can say that over half the people locked up were in there because of random drug tests. It hasn’t happened to me but it’s definitely a common occurrence. Simply refusing the test gives them enough reason to arrest you and get a warrant to forcibly extract urine from you at the hospital. They don’t test for LSD and if you test dirty for THC that’s not a crime.
It’s “illegal” as police doesn’t have right to force you to do such things you listed. But unfortunately you can’t do much, Japanese cops are crap and no authority is going to give a damn. Sorry about it.
I have a black friend who was detained because he is “suspicious” for standing inside a dark alley (drunk and need a quiet place for a moment). No explanation is given, no right to visit or call anyone, the police doesn’t know English and we ended up getting help from a Japanese translator to sort things out. Totally a ruined night out.
If dude didnt mention he’s white, you guys would be jumping up and down with the “nippon is racism” card; dude is white and get racially profiled, as it happens in glorious japan, suddenly it’s amnesiapolis in here…
OP must have been selling drugs and human trafficing in front of koban, for sure for sure, otherwise why would the cops here act like dicks ? The mystery Ohmagaaaad
I know many foreigners who are out all the time in Shibuya, Shinjuku,etc., never heard of them being subjected to this.
At worst, I’ve heard of random bag and ID checks, but not drug tests and phone checking. As others have said, sounds like they had some specific suspicion about you or someone who matches your profile.
EDIT: That being said, I know Shibuya police are often randomly stopping Japanese people for bag checks in Shibuya, undeniably for drugs. Especially people who are alone, with bags, who fit their stereotype. Drugs seem to be their main concern, above all else.