For the purpose of protecting human rights, when there is a strong suspicion that a person is a culprit in a criminal case and a compulsory investigation is needed, judicial police personnel, or police officers, must request a warrant from the court to conduct the investigation. This is stipulated in the Code of Criminal Procedure.
"Code of Criminal Procedure - Second Volume - First Instance"
Article 199
When there are reasonable grounds to believe that a suspect has committed a crime, a public prosecutor, a public prosecutor's assistant, or a judicial police officer may arrest the suspect by employing an arrest warrant issued in advance by a judge.
However, concerning crimes that are punishable by a fine of no more than 500 yen, detention, or a minor penalty, this is only applicable if the suspect has no fixed residence or does not respond to the request to surrender under the preceding Articles with reasonable grounds.
Article 218
A public prosecutor, a public prosecutor's assistant, or a judicial police officer may when necessary for the investigation of a crime, conduct a seizure, search, or inspection employing a warrant issued by a judge. In such cases, a bodily search shall be conducted according to a search warrant.
Regarding warrants, there exist many types, such as:
- Arrest warrants.
- Seizure warrants.
- Search warrants.
- Inspection permits.
- Writ of detention for expert examination.
- Bodily search warrants.
- Disposal appraisal permits.
- Monitoring warrants. [As in a stake-out.]
In short, without these warrants, police officers are prohibited from conducting random searches of a person's body or home without their consent.
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