Articles 109 to 1 13 of China's criminal procedure law clearly stipulate the persons who have the right to search, the objects, places and procedures: (1) The persons who have the right to search are investigators, that is, investigators who are authorized or approved by law to perform tasks such as criminal case investigation and pre-trial, including public security organs and state security organs. (2) The objects of the search are criminal suspects and people who may be hiding criminals or evidence; (3) The places to be searched include the bodies, articles, residences and other relevant places of the above-mentioned persons; (4) There are four procedures for searching: first, show a search warrant. Under normal circumstances, a search warrant must be shown to the person being searched, and no search without a license is allowed unless there is an emergency during arrest or detention; The second is to ask the searched person or his family, neighbors or other witnesses to be present; Third, only female staff can search women's bodies; Fourth, the search should be written in a record, signed or sealed by the investigators and the searched person or their families, neighbors or other witnesses. Refuse to sign and seal, it shall indicate in the record that the search that meets the above requirements is legal search.

In judicial practice, there are three main cases of illegal search: first, the staff of organs, organizations and units or other individuals, related persons or other purposes who have no right to search for lost property search the body or residence of others; The second is that the person who has the right to search abuses his power and illegally searches without legal approval or authorization; The third is that the authorities and personnel who have the right to search do not conduct searches in accordance with legal procedures and formalities. Any of the above is illegal search.

To sum up, tobacco is illegal!