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Dave The Dude
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Criminal law in Thailand: Part 23 Search and seizure _ rules of the search
First, as we've discussed in the past, the warrant must be shown to the occupant or the officer must give his name and title to the occupant of the house. Then, to the extent possible, the search must be conducted in the presence of the occupier or a member of his or her family.
If there are no other witnesses around, the police must call two neutral witnesses to observe the search. Items found in the search are shown to the witnesses, who are asked to acknowledge that the items were found.
The witnesses may either do so or refuse. In any event, the fact that the evidence found was presented to the witnesses will be included in the report that is submitted to the authorities by the officer who was in charge of conducting the search.
Let's turn to some specific situations involving police searches. May the police stop suspects and frisk them? Here is what we mean. We discussed in earlier columns that a suspect's body and clothes may be searched at a police station in connection with a lawful arrest.
But what if a police officer comes upon someone in public that he or she suspects has committed a crime? May the police officer check this suspect's clothes and pockets for weapons or drugs?
Obviously, if the police officer doesn't do this on the spot, the suspect is going to go away and the opportunity to solve or stop a crime may be lost.
A police officer may only search someone in public without a warrant if he or she has reasonable grounds to believe that the suspect has:
Articles that may be used to commit an offence, such as a skeleton key.
The fruits of a crime, such as stolen jewellery.
Items such as controlled drugs, that are illegal to possess.
Even if the officer had reasonable grounds to believe the suspect had one or more of the above items, if he or she searches the suspect and doesn't find anything, the suspect must be released immediately.
Cars raise similar issues. Of course, they are mobile and by the time an officer can get a warrant they can be moved or disappear. Thus the same rules apply to cars as to personal searches of suspects. Keep in mind also that for these rules to apply the car must be in a public place. If it's in the owner's drive or garage, for example, there must be a warrant.
The rule is that if an officer has reasonable grounds to believe that there are items in a car used to commit an offence, fruits of a crime or are illegal to possess, the officer may:
Order the driver or passengers out.
Search the passenger compartment of the car.
Order the driver to open the boot.
Search the boot.
The above may be done without a warrant. The police must be careful not to damage anything, because doing so carelessly may subject them to punishment under the Criminal Procedure Code.
For both stop and search of individuals and for car searches it would be up to a judge to later decides whether the officer's grounds were reasonable, and judges do have a fair amount of discretion in this regard.
Police officers searching individuals or cars in public without reasonable grounds, as discussed above, are subject to the penalties for police misconduct discussed in earlier columns, which include imprisonment and professional discipline.
More about this later.
- Published: 19/09/2010 at 12:00 AM
- Newspaper section: Spectrum
First, as we've discussed in the past, the warrant must be shown to the occupant or the officer must give his name and title to the occupant of the house. Then, to the extent possible, the search must be conducted in the presence of the occupier or a member of his or her family.
If there are no other witnesses around, the police must call two neutral witnesses to observe the search. Items found in the search are shown to the witnesses, who are asked to acknowledge that the items were found.
The witnesses may either do so or refuse. In any event, the fact that the evidence found was presented to the witnesses will be included in the report that is submitted to the authorities by the officer who was in charge of conducting the search.
Let's turn to some specific situations involving police searches. May the police stop suspects and frisk them? Here is what we mean. We discussed in earlier columns that a suspect's body and clothes may be searched at a police station in connection with a lawful arrest.
But what if a police officer comes upon someone in public that he or she suspects has committed a crime? May the police officer check this suspect's clothes and pockets for weapons or drugs?
Obviously, if the police officer doesn't do this on the spot, the suspect is going to go away and the opportunity to solve or stop a crime may be lost.
A police officer may only search someone in public without a warrant if he or she has reasonable grounds to believe that the suspect has:
Articles that may be used to commit an offence, such as a skeleton key.
The fruits of a crime, such as stolen jewellery.
Items such as controlled drugs, that are illegal to possess.
Even if the officer had reasonable grounds to believe the suspect had one or more of the above items, if he or she searches the suspect and doesn't find anything, the suspect must be released immediately.
Cars raise similar issues. Of course, they are mobile and by the time an officer can get a warrant they can be moved or disappear. Thus the same rules apply to cars as to personal searches of suspects. Keep in mind also that for these rules to apply the car must be in a public place. If it's in the owner's drive or garage, for example, there must be a warrant.
The rule is that if an officer has reasonable grounds to believe that there are items in a car used to commit an offence, fruits of a crime or are illegal to possess, the officer may:
Order the driver or passengers out.
Search the passenger compartment of the car.
Order the driver to open the boot.
Search the boot.
The above may be done without a warrant. The police must be careful not to damage anything, because doing so carelessly may subject them to punishment under the Criminal Procedure Code.
For both stop and search of individuals and for car searches it would be up to a judge to later decides whether the officer's grounds were reasonable, and judges do have a fair amount of discretion in this regard.
Police officers searching individuals or cars in public without reasonable grounds, as discussed above, are subject to the penalties for police misconduct discussed in earlier columns, which include imprisonment and professional discipline.
More about this later.