Called to police questioning, what to do?

[ADHWGT]

First off, sorry for only posting here when I need help with something. But I'm seriously freaked out right now. I'm going to be a little bit vague just because this whole thing has made me pretty paranoid, sorry about that as well.

So I while ago I tried to order something off Japanese Amazon (from a Japanese seller). A while later, I got an e-mail from the seller telling me that customs had stopped the package since the item in question has become illegal to import (apparently they were shipping it from abroad), so they had to cancel my order.

Today I got a phone call from the police department at the Japanese airport where my 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.

So anyway, yeah, not feeling good about this whole thing. I guess I'm glad I'm not under arrest, but police officers traveling in from another part of the country just to question me is making me super nervous. Never been through anything like this before, in any country. Any advice at all? I assume contacting a lawyer would be a bit of an overreaction, but then again, never been investigated by Japanese police before, so have no idea what to expect...

[Taro Toporific]

... 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.

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).

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.
...

You should have just refused.
Now you need to get real legal advice.

herbs-in-japan.jpg

[ADHWGT]

Thanks for the reply.

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).

No such luck, unfortunately. Since it has legitimate uses and was marketed on Amazon Japan I simply assumed it was legal. Big mistake, I know. Absolutely no naughty herbs in my blood/urine, though. Can they arrest/charge me with anything else in that case? This being Japan, I'll assume yes...

You should have just refused.
Now you need to get real legal advice.

Yeah, I was so stunned I couldn't really think clearly. The situation was just so surreal to me. 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.)

[Taro Toporific]

... 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.)

DO. NOT. ANSWER. THE. PHONEor DOOR.

Talk to your lawyer first and then maybe the cops.

[ADHWGT]

Thanks, I'll try that. Probably already said way too much during that first phone call because I was nervous as fuck and just wanted to appear, you know, innocent. Then again, it's pretty hard to deny the electronic records that very clearly state that yes, I did order this item off Amazon...

[wagyl]

Since when did Surströmming become illegal? I suppose this is to protect the local kusaya industry...

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.

However, I see that you have taken the sensible path of consulting with a lawyer.

[Taro Toporific]

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).

[ADHWGT]

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.

Thanks, I hope you're right. But the seller and his/her activities shouldn't be that hard to track through Amazon either, so I'm not sure why they would need me as a snitch in that case...

By the way, if I actually am arrested, I assume my visa is out the window?

[ADHWGT]

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).

Yeah, they already asked me about the intent part, obviously I said no, and I don't plan on changing my tune if I can help it. Being held for days does sound excruciating, though.

[wagyl]

By the way, if I actually am arrested, I assume my visa is out the window?

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.

Just don't get caught do it, guys.

[ADHWGT]

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.

Thanks. Yeah, definitely not looking to get convicted... Keeping my fingers crossed that the worst-case scenario is being arrested and then let go, considering the fact that I was never actually in possession of the illegal material in question, let alone able to use it. But the Japanese legal system sure seems scary, who knows what BS they'll be able to make me "confess" after 23 days in detention with no way to contact the outside world...

[Mike Oxlong]

Were you called by a Japan Customs officer, or a police officer?

[ADHWGT]

Were you called by a Japan Customs officer, or a police officer?

Police officer.

[Mike Oxlong]

Yeah, make yourself scarce sounds like good advice then.

[Taro Toporific]

Since when did Surströmming become illegal? I suppose this is to protect the local kusaya industry...

Oh my Buddha!
ADHWGT was intending to distribute Surströmming whipped cream crepes! ☣

Surstommg.jpg

[Grumpy Gramps]

If the seller is in Japan and the buyer is in Japan and everything runs through Amazon, then how did the cops get wind of it? Seller maybe an "agent provocateur?"

[Wage Slave]

The seller shipped the goods from outside Japan addressed to the buyer and it was detected by Customs. I hope the buyer has a good reason for buying the stuff or they are going to think the worst - and with some justification. A lawyer, in this case, would appear to be essential.

[Taro Toporific]

I... how did the cops get wind of it? Seller maybe an "agent provocateur?"

Japan seems to have an on-going crackdown on the sales of LARGE quantities of goofy gas.

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.

SShiba-gas.jpg

[matsuki]

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).

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 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.

[Russell]

ADHWGT, wishing you best of luck.

Sorry that I can't be of much help, other than saying that the advice of the other members makes much sense.

[wagyl]

Oh my Buddha!
ADHWGT was intending to distribute Surströmming whipped cream crepes! ☣

Tut-tut, someone has been forum shopping. If we are better than the other guys, please give us a positive rating.
That thread is quite informative, too. Your questions bring out the best in these forums.
We are obviously better than Reddit because we haven't locked our thread, and because we haven't linked to Japan Times articles from before the regulations changed, to try to claim that the OP's activities are legal after the regulation change
I do actually understand the desire to seek advice widely in your position.

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 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.

I was hoping that Matsuki would comment here. He has studied this particular aspect of the criminal justice system very closely and in great detail, and knows what he is talking about.

Linked from the reddit thread, 23 day detention in manga and tweet format: https://twitter.com/yapitori difficult to get the correct order though.

[ADHWGT]

I do actually understand the desire to seek advice widely in your position.

Haha, thanks. And thanks again for being so helpful every time I post here. I have no idea why one of the Reddit mods got furious and claimed I posted a thread about getting N20 in Japan using a different account a while back. (Okay, I can see how it might looks suspicious, but to jump to conclusions like that I found quite harsh, especially when I was in desperate need for advice.) I've never used Reddit before in my life; I find the whole site super confusing.

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.

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?" If getting off without having charges pressed is as easy as simply not signing anything, why do people ever give/sign these statements? Just because they crack under pressure? (Which I'm not saying I would be immune to, mind you!)

Not talking to the cops at all... Yeah, obviously I'd prefer that. I'll see what the lawyer says during my consultation tonight. Not having to go to the police station, not answering any further questions... That kind of sounds too good to be true

[Mike Oxlong]

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]

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...

[wagyl]

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?"

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.

Even though I do still feel that if you had been a primary target the police would have turned up at your door suddenly, unannounced, as their first contact...
Not to freak you out, but...
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 worst 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]

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.

I see. Thanks, that's good advice. As for refusing to say anything at all, though, they already know I ordered the stuff and when (I assume from opening the package and checking the Amazon slip), so if they want to indict me for that, I don't think a "no comment" would save me either...

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.

Yes, multiple people have told me this, so I'm already sufficiently freaked out, lol. I'll see if I'll make up an excuse or just come clean. Would rather not risk lose a bunch of clients (who might prefer not to have a criminal on their payroll) on top of spending up to 23 days in detention, which in itself is really more than I can afford. This is a really strange situation to handle. Not least when it comes to what I tell my family.

[wagyl]

You say that possession of this item is not illegal in your country, so family and clients overseas will probably feel more sympathy for you than anything else if you tell the truth. It will be better than the worry they feel when you make no response to contact for (up to) over three weeks. They might think that you have done something stupid, but not that you are a hardened criminal.

[Wage Slave]

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. If the quantity is small then you could perhaps convince people that you ordered them in good faith from what you reasonably believed was a legitimate supplier in Japan intending to use them in your whipped cream machine to make whipped cream. That's not beyond the bounds - some people really like whipped cream and find imaginative and playful uses for it.

However, if the quantity ordered is not consistent with that, then you have a serious problem. 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. If you can't explain that then the police/prosecution will no doubt offer an explanation of their own.

[legion]

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...

Or they are looking for an excuse to travel around on the tax payers' dime and avoid doing any real work.

[ADHWGT]

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.

This is basically what the lawyer said. The questioning is voluntary, yes, but it would look suspicious if I didn't come, and they could easily get a warrant if I just stopped responding to them. The same applies to the urine test, apparently. (Personally, I find this "only worry about your privacy if you have something to hide" line of reasoning appalling, but I guess my personal principles don't have much bearing on Japanese law.)

She found it unlikely that I would be arrested, based on the Amazon records I presented (order + shipment confirmation, and the e-mail from the seller telling me the item couldn't be imported). She agreed that it clearly looked like a legitimate Japanese Amazon seller (it even had "Japan" in its name, and all communications were in Japanese) and that ordinary people would have no idea that something advertised as a "whipped cream charger" contains illegal substances. (Yes, wagyl, I understand the logic of "ignorance of the law is not an excuse", just repeating what she told me.)

However, the risk of me being arrested might increase if the police are able to produce some sort of evidence of their own. What that could be I have no idea (how on earth are they going to "prove" I had criminal intent?), but she mentioned the possibility. Oh yeah, she did bring up one concrete example: my search history. But no matter what it contains, I got the impression that that + the fact that I ordered something illegal would not be enough to convict me. Instead, they would need not only a positive urine test, but proof that whatever substance made the test come out positive was ingested in Japan, since I travel a lot. Either that or a confession, I guess, but good luck with that (although as I said before, we'll see how cocky I am after 23 days in detention...).

Oh, she ALSO mentioned that the police can "abuse their power" to make it harder for me to renew my visa if I don't comply with the investigation... As if I wasn't worried enough about this whole thing already.

One weird thing: she said the police can pretty easily extract information from my password-protected computer and phone. I found this hard to believe, considering the FBI had to go so far as to ask Apple for a backdoor in order to unlock a terrorist's phone (as you may be aware, Apple refused), and those Graykey kits that certain parts of American law enforcement have started using apparently take upwards of 50 days on average to crack an 8-digit passcode. https://twitter.com/matthew_d_green/sta ... 1542782978

In any case, we're going to the questioning together next week. If they actually do arrest me and demand that I sign some kind of statement... well, at least I'll have my lawyer with me.

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.

Unfortunately, the quantity was not small. (This is clearly why the police asked me about intent to distribute.) Seeing as almost all of the options (and there were TONS of them) on Amazon Japan were prohibitively expensive, I ordered the cheapest bulk option I could find. As these things don't have expiration dates (that I know of), I figured it would make more sense to get a lot at once, at a discount, than to order those insanely expensive smaller packs over and over. (Seriously, the prices of those were just astronomical.)