Search with or without a warrant

Note that when it comes to public searches of individuals require reasonable suspicion (Section 93). Likewise only senior officers may lead such searches (Section 97). Officers may seize crime-related items during a lawful search (Section 98) and may control or remove anyone obstructing the process (Section 100).

In addition searches must be witnessed by the occupant or others (Section 102), and a written record of the search and seizures must be signed and read to relevant parties (Section 103). Finally, personal correspondence (e.g., letters, postcards) may only be seized with a court order (Section 105). Lastly also see the articles we wrote on testament pattaya as well as on pico finance.

Section 91

Establishes that Section 81/1 (related to search warrants) apply mutatis mutandis. This with necessary modifications to this matter of search.

Section 92

Outlines situations where a search without a warrant is permissible. These include in situations where a crime is in progress. Where is the person is arrested for a flagrant offense. Lastly where there is reasonable evidence that a crime-related item is present. This evidence could be moved or destroyed if a delay occurs in obtaining a warrant.

Conditions for searches

Section 94

States that the police or administrative officers. They must provide reasonable convenience and identification when conducting a search. They may also make use of force if entry is refused.

Section 95

Which is there to allow the owner or representative of an item. This Section allows then to accompany the search if it’s for a search of lost items. Note that searches generally occur during daylight. This is between sunrise to sunset. There may be exceptions for emergencies or in the case of a high-priority cases (Section 96).

Search of persons:

Section 93

Prohibits searches in public places. This is unless there is a reasonable suspicion that the person possesses items related to a crime.

Authority and conduct during search:

Section 97

Specifies that only an officer with a certain rank (administrative officer of the third level or police lieutenant) can lead a search.

Section 98 

Allows officers to seize items that may be used as evidence or indicate the commission of a crime during a search.

Protection and documentation of the process

Section 99

Mandates that the officers must prevent damage during the search. Likewise this is linked to Section 100. Section 100 gives them the power to control individuals obstructing the search.

Section 102

This Section requires the search to be witnessed by the occupant. This can be their family, or at least two other people.

Section 103

Requires that there is established a record of the search and seized items to be created. This needs to be read to the relevant parties. Lastly they will also need to sign to acknowledge the accuracy of the details.

Handling of documents:

Section 105

Addresses where there is the seizure of letters, postcards, or other documents. These which have been sent or received by the accused. Note that a court order is required to seize these items for the benefit of the investigation.

Lastly also see other chapters of the code. There are also Warrants of Detention and Imprisonment as well as Arrest, Detention and Imprisonment as well.