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ADHWGT wrote:... package was confiscated. They asked me a few questions about the item – its intended use, whether I was going to use it myself or resell it.
After I answered they told me they would travel to Tokyo to talk to me in person at my nearest police station. Confused, I asked if they were going to place me under arrest or something. They said if they were going to do that, they wouldn't call first.
...
Taro Toporific wrote:With luck your package wasn't a previously-legal-but-now "dangerous drug."
Since you didn't specify what was in your package, it sounds like you're in trouble...Japanese cops looooove to force you to take a blood/urine test. If it's positive for naughty herbs, they can charge you Possession (of herbal tainted blood/urine).
You should have just refused.
Now you need to get real legal advice.
ADHWGT wrote:... Seeing a lawyer tomorrow. The police will be calling again in about an hour to confirm the "appointment", should I try to stall for time or tell them I've changed my mind and won't see them? (Didn't know that was even an option to begin with, to be honest.)
ADHWGT wrote: it's pretty hard to deny the electronic records that very clearly state that yes, I did order this item off Amazon...
wagyl wrote:The police going out of their way to question you suggests that at this stage their interest is in collecting information about your seller, and that the seller is the target. That does not however preclude the police from in the future, depending on your answers to their questions, changing their mind and including you as a target as well.
Taro Toporific wrote:What they want to do is hold you for DAYS and try to trip you up to admit you intended to use the package in an illegal way. Or worse, the cops want you to admit that you planned to share the contents of the package with friends (intent to distribute).
ADHWGT wrote:By the way, if I actually am arrested, I assume my visa is out the window?
wagyl wrote:A conviction is required to be any trigger, not just an arrest, although considering conviction rates, that distinction might just be splitting hairs.
https://www.bengo4.com/c_1009/c_19/c_1095/b_450799/ suggests that in the case of possession or use of drugs, a deportation order following conviction can be appealed if the convicted criminal foreigner has permanent residence, has previously held Japanese nationality, or has dependants with Japanese nationality. Perhaps now is the time to get a Japanese woman pregnant. Further, you can be barred from future entry into Japan based on a drug conviction, either in Japan or elsewhere.
Mike Oxlong wrote:Were you called by a Japan Customs officer, or a police officer?
wagyl wrote:Since when did Surströmming become illegal? I suppose this is to protect the local kusaya industry...
Grumpy Gramps wrote:I... how did the cops get wind of it? Seller maybe an "agent provocateur?"
Sankei.com |2017.10.11
"...suspects were arrested for breaking the Medical Device and Medical Device Law, suspected of possessing nitrous oxide, a scheduled drug."
mindembody.com/nitrous-oxide/
* The Ministry of Health, Labor and Welfare after February 28, 2016 [banned the use] nitrous oxide (also commonly known as laughing gas, (Shibagasu) the purpose except manufacturing and import of medical, sale, possession, all of use is FORBIDDEN with a penalty of imprisonment of 3 years or less or a fine of 3 million yen or less.
Taro Toporific wrote:ADHWGT wrote: it's pretty hard to deny the electronic records that very clearly state that yes, I did order this item off Amazon...
What they want to do is hold you for DAYS and try to trip you up to admit you intended to use the package in an illegal way. Or worse, the cops want you to admit that you planned to share the contents of the package with friends (intent to distribute).
Taro Toporific wrote:Oh my Buddha!
ADHWGT was intending to distribute Surströmming whipped cream crepes! ☣
matsuki wrote:THIS
I wouldn't talk to the cops or give any kind of statement to them. Regardless of what you already may have said, their SOP is to put it in writing and have you sign/fingerprint the statement to seal your own fate. If it's not in writing, you haven't exposed yourself to anything but further interest. Facts and anything else in your favor be damned if they have a signedstatementconfession to convict you. Without that, they likely won't press any charges though if they're being real assholes, they can hold you up to 3 weeks in detention without charging you. As Wags said, arrest won't hurt your visa applications, a conviction would.
wagyl wrote:I do actually understand the desire to seek advice widely in your position.
matsuki wrote:I wouldn't talk to the cops or give any kind of statement to them. Regardless of what you already may have said, their SOP is to put it in writing and have you sign/fingerprint the statement to seal your own fate. If it's not in writing, you haven't exposed yourself to anything but further interest. Facts and anything else in your favor be damned if they have a signed statement confession to convict you. Without that, they likely won't press any charges though if they're being real assholes, they can hold you up to 3 weeks in detention without charging you. As Wags said, arrest won't hurt your visa applications, a conviction would.
Mike Oxlong wrote:Sure, you have the right to not speak with them anymore on the phone, not go to the police station voluntarily. It might end there. Or, they could show up unannounced at any time should they want to speak to you badly enough. Then you get frogmarched to some substation or another, and all that stuff explained here and on Reddit gets played out. You got some excellent advice on how to prepare for that eventuality, and what to do when it happens.
ADHWGT wrote:So I shouldn't sign a statement even if it only says "I thought it was completely legal since I ordered it off Amazon, I had no idea the seller was going to ship it from abroad, didn't find out it was illegal until the seller contacted me to say the package had been confiscated by customs, and I was only going to use it to make whipped cream with the dispenser I had already purchased?"
wagyl wrote:The general principle everywhere is that ignorance of the criminal law is never an excuse, so already three quarters of that statement do not help you. As to the last one quarter, there are hints in the Reddit thread that quantities ordered may be a little suspicious. Anyway, your best advice should come from your lawyer.
wagyl wrote:Preparing for suddenly disappearing for 23 days is a good idea: warning friends, family and clients. This is an incredibly embarrassing thing to have to do, but in the worse case it saves those people a lot of worry. Most people don't get the opportunity to give anyone advance warning of this. Multiple anecdotal evidence tells me that you can't really rely on your lawyer to inform other people for you in the most sensitive way.
ADHWGT wrote:Mike Oxlong wrote:Sure, you have the right to not speak with them anymore on the phone, not go to the police station voluntarily. It might end there. Or, they could show up unannounced at any time should they want to speak to you badly enough. Then you get frogmarched to some substation or another, and all that stuff explained here and on Reddit gets played out. You got some excellent advice on how to prepare for that eventuality, and what to do when it happens.
I see. Considering they were going to come here from Osaka (!) just to question me, I suspect they DO want to speak to me badly enough to show up unannounced if I stop taking their calls...
Wage Slave wrote:It's hard to see much advantage to gain by saying nothing. There is clear evidence and you need a story to explain your actions.
Wage Slave wrote:At some stage, be it now or in the future, you are going to have to explain why you ordered a large quantity and what you intended to do with it.
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