Thailand Criminal Procedure Code Sections 91-105

Chapter 2

Search

Section 91 The provisions of section 81/1 shall apply mutatis mutandis to the matter of search.

Section 92 It is prohibited to search a private place without a search warrant or court order, unless it is searched by an administrative employee or police officer and in the following cases

(1) When there is a cry for help from inside a private place or there is a sound or any other behavior that indicates that something bad has happened in that private place;

(2) When it appears that a blatant offense is being committed in a private place;

(3) When a person has committed a flagrant offense while being chased and captured, fled or there was strong reason to suspect that he had hid in that private place;

(4) When there is reasonable evidence that the item possessed is an offense or was obtained through the commission of an offense or was used or intended to be used in the commission of an offense or it may be evidence that proves the wrongdoing is hidden or therein. In addition, there must be reasonable grounds to believe that because of the delay in obtaining a search warrant, the items will be moved or destroyed first.

(5) When the person who is to be arrested is the owner of the private residence and the arrest has an arrest warrant or an arrest under Section 78.

In exercising the power under (4), the administrative official or police who searches must deliver a copy of the search record and the list of property obtained from the search. Including making a written record showing the reasons for the search to be given to the occupant of the place being searched. But if there is no possessor at that place, the said letter shall be delivered to such person as soon as practicable and immediately report the reasons and results of the search in writing to the superiors above.

Section 93 It is prohibited to search any person in a public place. Unless administrative employee or police conducts the search when there is reasonable cause to suspect that the person has items in his or her possession intended to be used in the commission of an offence or which was obtained by committing an offence or which was possessed as an offence.

Section 94 Administrative officials or police who conduct searches in private places order the owner or the occupants or the keeper of the place to search to be allowed to enter without restriction in addition, provide every reasonable convenience in dealing with the warrant, provided that the official shows the warrant or, if searching without a warrant, shows his name and position.

If the person mentioned in the first paragraph refuses to allow entry officers have the authority to use force to enter. In case of necessity may open or pull down gate, doors, windows, fences, or other similar obstacles.

Section 95 In the case of searching for a lost item, if it is possible, the owner or possessor of that item or his representative may accompany the official in the search.

Section 96 Searches in private places must be conducted between sunrise and sunset. There are exceptions as follows:

(1) When the search was conducted only during the daytime if it’s not finished yet, it will be able to be continue searching at night;

(2) In the case of an extreme emergency or where other laws provide for special searches, the inspection will be search at night;

(3) Searches to catch violent people or important criminals may be carried out at night. However, special permission must be obtained from the court in accordance with the rules and procedures specified in the regulations of the President of the Supreme Court.

Section 97 In the case of a search with a warrant only the officer named in the search warrant or the acting person who must be an administrative officer at the third level or a police officer with a rank of police lieutenant or above has the authority to act as the leader to ensure compliance with the warrant.

Section 98 A search in a private place may only be carried out in order to find the person or thing to be searched. But there are exceptions as follows:

(1) In the case of searching for things without limiting them the search officer has the power to seize any items which are likely to be used as evidence to benefit or support the accused or defendant;

(2) The officer conducting the search has the power to seize other persons or things in the search. When there is another meaning or in the case of a frontal offense;

Section 99 In the search, the official must try to prevent damage and disruption as far as possible.

Section 100 If there is reasonable cause to suspect that a person who is in the place searched or will be searched will obstruct to the point of rendering the search ineffective the officer who searches has the power to take that person under control or to be under the officer’s care while searching as necessary to prevent obstruction to the point of rendering the search ineffective.

If there is reasonable cause to suspect that that person has hidden the item desired to be found on his body, the search officer has the power to search that person as provided in Section 85.

Section 101 Items seized in a search It is important to wrap or package it with a brand or mark.

Section 102 Searching in a private place before starting the search, the officer who searched must demonstrate his innocence first and as far as possible, search in the presence of the occupant of the place or members of that person’s family or if such a person cannot be found then search in the presence of at least two other people whom the official has asked to be witnesses.

A search of the residence or office of an alleged or defendant who is detained or confined shall be made in his or her presence. If that person is unable or does not want to attend the search in person a representative will be appointed or send a witness to attend. If there is no such the representative or witness, the search in the presence of family members or in the presence of witnesses as mentioned in the preceding paragraph.

Any items seized shall be show the owner of the premises, family members of the alleged, the defendant, representatives or witnesses to acknowledge to certify that it is correct. If such person certifies or refuses to certify, it must be recorded.

Section 103 The search officer shall record the details of the search and the items that can be searched must have a detailed account.

The record of the search and the list of the items shall be read to the occupant of the premises. Family members, the accused, the defendant, representatives or witnesses, as the case may be, then have that person sign and certify.

Section 104 The officers who searching with a warrant must sent the records and accounts mentioned in the previous section must be promptly submitted along with the seized items. If able to send it to the warrant issuer or other officials as specified in the warrant.

In the case of a search without a warrant by an official other than an investigator. The record, report and inventory should be sent to the investigator or any other authority the may require them.

Section 105 Letters, postcards, telegrams, printed materials or other documents sent by post and telegrams. From or to the accused or defendant and has not yet sent If the officer wants it for the benefit of the investigation inquiry into the cause of action consider or do other things in accordance with this Code. Request an order from the court to the postal and telegraph officer to send the document.

If the Director-General of Police or the Provincial Governor deems that the document is intended to be used for such purpose. While requesting an order from the court, he has the authority to request the postal and telegraph officer to keep the document first.

The provisions of this section do not apply to correspondence between the accused or defendant and his or her Thailand lawyer.

Unofficial Translation by Chaninat and Leeds Thailand Drug Crimes Lawyers

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