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Have a pocket knife - go to jail! You live in a police state

 
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JimDunlop2



Joined: 31 Jan 2003
Posts: 2286
Location: Japan

PostPosted: Tue Oct 24, 2006 4:30 am    Post subject: Have a pocket knife - go to jail! You live in a police state Reply with quote

If any of you carry around a Leatherman tool or a pocket knife -- watch out -- you may end up in jail!

I recommend people head over to Debito Arudo's site (www.debito.org) and go to the section that talks about what to do if you get stopped by the police. Also, print out and carry the relevant section of the law in your wallet, just in case you need it.

From the Japan Times (Oct. 16):

Sunday, Oct. 8, 2006


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.
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gaijinalways



Joined: 29 Nov 2005
Posts: 2279

PostPosted: Tue Oct 24, 2006 5:19 am    Post subject: Reply with quote

I thought this story a bit alarming, especially as I carry a Swiss army knive, which is 'supposed' to be street legal in Japan (blade under 3 cm).
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JimDunlop2



Joined: 31 Jan 2003
Posts: 2286
Location: Japan

PostPosted: Tue Oct 24, 2006 6:15 am    Post subject: Reply with quote

Yeh. My thoughts exactly. SUPPOSED TO BE being the operative words here... But as usual, reality and the law have absolutely NO bearing on how Japanese authorities carry out their duties.

I've carried a Swiss army knife in my pocket pretty much every day of my life since about age 12. The only exceptions to this rule are when I have no access to it -- like when I forget that it's actually in my pocket and I have to board a plane -- thus forcing me to mail it to myself... Something I've done numerous times, therby causing my knife to log more hours in the air than me!

Beware! (And notice that the person who was stopped in the story and harrassed by the cops was NOT a foreigner -- but a Japanese citizen)...
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may be going



Joined: 18 May 2004
Posts: 129
Location: australia

PostPosted: Tue Oct 24, 2006 9:48 pm    Post subject: Reply with quote

just out of curiousity, why have you carried a pocket knife on you almost every day since you were 12?
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Sweetsee



Joined: 11 Jun 2004
Posts: 2302
Location: ) is everything

PostPosted: Wed Oct 25, 2006 2:05 am    Post subject: Reply with quote

Indispensable. Never know when you may have to cut, clip, file, open, screw, unscrew or clean something.
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JimDunlop2



Joined: 31 Jan 2003
Posts: 2286
Location: Japan

PostPosted: Wed Oct 25, 2006 4:41 am    Post subject: Reply with quote

Thanks, Ss. Quite right -- it's not even the knife that I use the most often. It's the scissors, tweezers, toothpick, awl, can opener, bottle opener, corkscrew that I use the most often (in about that order too).

No, I wasn't opening wine bottles when I was 12, but the other gadgets were still nice to have. I was always tinkering or fixing or doing something... (I was very responsible when I was younger -- it's not like I walked around anouncing "I've got a knife" to my friends or anything... If I had, I'm sure it would have been confiscated by a teacher or something).

Besides that, I've always had a "thing" for knives -- I have a nice collection back home in Canada. Smile
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gaijinalways



Joined: 29 Nov 2005
Posts: 2279

PostPosted: Wed Oct 25, 2006 5:28 am    Post subject: Reply with quote

Me too, though I started using mine more in uni, and it was for wine bottles and beer bottles. I also use the scissors in class, haircut anyone?
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Gordon



Joined: 28 Jan 2003
Posts: 5309
Location: Japan

PostPosted: Wed Oct 25, 2006 6:35 am    Post subject: Reply with quote

I never travel without my swiss army knife either (just have to stick it in your checked luggage). So handy and you never know when you need it.
Maybe Jim can start a thread where we all tell stories about when our knife came in handy. Wink
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fluffyhamster



Joined: 13 Mar 2005
Posts: 3292
Location: UK > China > Japan > UK again

PostPosted: Wed Oct 25, 2006 10:17 am    Post subject: Reply with quote

My Swissy came in handy once when I had to slash up some Japanese cop who wanted to confiscate it. Very Happy
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