While it is fair to interpret that “the right of all persons to be secure in their homes, papers and effects against entries, searches and seizures” under Article 35 of the Constitution of Japan (hereinafter “the rights”) protects substantive interests such as privacy, this interpretation raises a question as to whether warrant requirements should be applied to various kinds of exercise of public power. However, the rights and the warrant requirements are not targeted at exactly the same acts. The warrant requirements are targeted at searches that may severely restrict fundamental rights, not at “quasi-searches” in which the extent of the restriction is relatively low. On the contrary, the rights themselves apply not only to searches but also quasisearches because privacy can be invaded by the latter. In addition, while the warrant requirements are important elements to allow searches, there are other procedures that are supposed to be stipulated by law to justify searches, particularly in case of non-criminal procedures in which administrative purposes for searches are narrowly identified. Therefore, the range of protection of the rights and that of warrant requirements are not always in tandem. In the process of quasi-searches, warrant requirements are not applied, although the rights are still protected. In searches, legal procedures other than warrant procedures are likely to be applied in view of ensuring “public welfare” under Article 13 of the Constitution.
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