Can searching for gay bars allow you to treat all customers present as criminals caught in the act? | Lawyer Li Yusheng explains

News Summary

According to CTS News, Taipei City police searched the Ximending gay bar on October 3, 2026, and detained several people present. The methods used and statements made by some officers sparked controversy. The mayor of Taipei issued a public apology on October 5 and stated that the matter would be reviewed. The legal focus of this incident lies in whether the search, arrest, and subsequent actions were all based on legal grounds, and whether individuals could be presumed guilty solely based on the type of venue or their presence at the scene.

Lawyer Li Yusheng explains

In an interview, lawyer Li Yusheng of Fidelity Law Firm pointed out that even if used items are found at the scene, it is not necessarily sufficient to conclude that every consumer was committing a crime at the time. If other clear evidence is lacking, arresting all those present as if caught in the act raises questions about the legality of the case. This legal analysis is based on publicly available news information; each case should still be compared with complete enforcement records.

The legal basis for a search warrant differs from that for an arrest. According to Article 88 of the Code of Criminal Procedure, an offence caught in the act includes those committed during the commission of a crime, those discovered immediately after the crime, and those who meet certain statutory conditions for being caught in the act, all requiring concrete factual support. Possessing a search warrant does not mean that one can restrict the personal freedom of everyone indiscriminately, regardless of individual circumstances. Enforcement measures must not exceed what is necessary and must respect human dignity and equal rights.

If taken in by the police, inquire about the legal basis, the suspect's identity, and the alleged crime. Request to contact a lawyer and preserve the time, notification documents, and any available records of the scene. (Involving...)Police questioning and accompanimentIf there are doubts about the arrest procedure, the remedy should be determined as soon as possible; if objections are raised to law enforcement, it is not advisable to obstruct the on-site procedure with violence.

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