Search generally requires a judge-signed warrant identifying the case, the person or item, the place or record and the validity period (Code of Criminal Procedure, Article 128). At arrest or pretrial detention, Article 130 permits a limited search of the person, carried items, vehicle and immediately reachable places without one. Article 131 permits specified urgent searches. Voluntary consent can dispense with a warrant only when officers show identification and record the consent (Article 131-1). Items usable as evidence or subject to confiscation may be seized (Article 133). A person affected by a search or seizure measure ordered by a presiding, commissioned or entrusted judge or prosecutor may apply to the court to which that official belongs for revocation or alteration within ten days (Article 416).
Can police search a home or phone whenever they want?
No. Where necessary, a defendant's or suspect's person, objects, electronic records, home or other place may be searched. A third person's equivalent places and records may be searched only where substantial grounds support believing that the accused or an item or record subject to seizure is there (Article 122). Search seeks persons, objects or records; seizure takes property that may serve as evidence or be confiscated. They are separate measures.
對於被告或犯罪嫌疑人之身體、物件、電磁紀錄及住宅或其他處所，必要時得搜索之。對於第三人之身體、物件、電磁紀錄及住宅或其他處所，以有相當理由可信為被告或犯罪嫌疑人或應扣押之物或電磁紀錄存在時為限，得搜索之。（刑事訴訟法第122條）
Unofficial English summary (not an official translation): Article 122 sets a necessity standard for a suspect's property and an additional substantial-grounds standard for a third person's property.
What must a search warrant contain, and who applies?
Article 128(1) makes a warrant the general rule. The warrant must specify the case; the defendant, suspect or item sought, with an exception if the person's identity is unknown; the place, person, object or electronic record to search; and the validity period, after which it cannot be executed, with instructions to return it after the search.
A judge signs the warrant and issuance proceedings are not public. During investigation, except for the urgent search in Article 131(2), a prosecutor applies to the court in writing with reasons; judicial police officers must first obtain prosecutorial permission before applying. A court's rejection of either application cannot be appealed (Article 128-1).
May officers search a person without a warrant during arrest?
Yes, within statutory limits. During arrest, compelled appearance or pretrial detention, a prosecutor, prosecutor's investigator or judicial police may search the person, carried objects, vehicle in use and immediately reachable places without a warrant (Article 130). This incidental search depends on the underlying arrest or pretrial detention and is confined to the specified scope.
When may a home be searched without a warrant?
Article 131(1) permits a warrantless search of a residence or other place when facts support that a defendant or suspect sought for arrest or compelled appearance is inside; a person caught in the act or an escapee being pursued is inside; or an offense is clearly being committed there and the situation is urgent. A prosecutor may also search urgently during investigation on substantial grounds that evidence may be forged, altered, destroyed or concealed within 24 hours unless the search occurs quickly (paragraph 2).
Afterward, a prosecutor must report the search to the court within three days; judicial police and investigators must report to both prosecutor and court within three days. The court must revoke an impermissible search within five days. Failure to report or revocation may lead the trial court to exclude seized items (Article 131(3)–(4)).
What makes a consent search lawful?
The person searched must consent voluntarily. Officers must show identification and record the person's consent in the official minutes. Only then may the search proceed without a warrant under Article 131-1. This states the statute's requirements, not advice about whether to consent in a particular situation.
搜索，經受搜索人出於自願性同意者，得不使用搜索票。但執行人員應出示證件，並將其同意之意旨記載於筆錄。（刑事訴訟法第131條之1）
Unofficial English summary (not an official translation): Article 131-1 requires voluntary consent, officers' identification and a record of that consent.
What may be seized?
Property usable as evidence or subject to confiscation may be seized. Property of a suspect, defendant or third person may also be seized proportionately where necessary to secure collection of substitute value (Article 133(1)–(2)). An owner, holder or custodian may be ordered to produce an item (paragraph 3). A judge or prosecutor may conduct seizure personally or direct a prosecutorial affairs officer or judicial police to do so; when they direct someone else, the reason must be stated in the search warrant or seizure order given to that person (Article 136).
Who may be present during a search or seizure?
Except where law dispenses with a warrant or seizure order, officers must show the warrant or order to people present (Article 145). In an inhabited or guarded residence or other place, the officers must require the occupant, guard or a person able to represent them to be present; if none is present, they may call a neighbor or a nearby local-government official (Article 148).
How can a person challenge a search or seizure?
A person affected by a search, seizure, return or sale of seized property ordered by a presiding, commissioned or entrusted judge or prosecutor may ask the competent court to revoke or alter the measure, even after it has been completed (Article 416(1)). If a search or seizure is revoked, the trial court may exclude the property as evidence (paragraph 2).
The application period is ten days from the measure or, where served, from service (Article 416(3)). The applicable route should be checked promptly against the particular measure.
When might legal advice help?
Search and seizure happen quickly. Counsel can review the warrant's scope, the item list, and any basis for a challenge. This is general information, not advice for an individual case.