Article 81 — No arrest in a private place
Texte légal (original thaï)
ไม่ว่าจะมีหมายจับหรือไม่ก็ตาม
ห้ามมิให้จับในที่รโหฐาน
เว้นแต่จะได้ทำตามบทบัญญัติในประมวลกฎหมายนี้อันว่าด้วยการค้นในที่รโหฐาน
traduction anglaise
Whether or not there is an arrest warrant, no arrest shall be made in a private place, except where it is carried out in accordance with the provisions of this Code concerning searches in a private place.
Cette traduction anglaise est fournie à titre indicatif uniquement et n'a pas encore été vérifiée de manière définitive ; référez-vous toujours à l'original thaï.
Annotation de l'entreprise
Section 81 protects the privacy of a private place by prohibiting an arrest there even when the officer holds an arrest warrant, unless the arrest complies with the Code's rules on searching a private place. In effect it ties the power to arrest inside a home to the separate search framework, so that in the ordinary case an officer needs both an arrest warrant for the person and lawful authority to search the place. The search provisions, including Sections 92 and 96, supply the exceptions where entry and arrest without the usual warrants are permitted, such as certain urgent situations or flagrant offenses. Read with Sections 78 and 80, this section marks the additional protection that attaches once an arrest moves into a private place.
Pourquoi cela est important en pratique
For anyone at home, this section means officers generally cannot walk in and arrest you without meeting the search rules as well, typically requiring both an arrest warrant and a search warrant. The main exceptions come from the search provisions and cover urgent situations, such as a real risk the person will flee or evidence will be lost, and flagrant offenses, where entry and arrest without the usual warrants can be lawful. Because so much turns on whether an exception genuinely applied, it is worth noting exactly how officers entered and what they showed. If your home was entered for an arrest, early legal advice can clarify whether it was lawful; you can arrange a consultation with a Thai lawyer.
Décisions de la Cour suprême interprétant cette section
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Supreme Court Judgment No. 4711/2542 (1999)
Reading Sections 78(4), 81, and 92 together, officers may enter and arrest a person in a private place only with both an arrest warrant for that person and a search warrant for the place, subject to the statutory exceptions.
The Court explained that under Sections 78(4), 81, and 92, officers may enter and arrest a person in a private place only when they hold both an arrest warrant for that person and a search warrant for the place, except in the specific situations the law allows, such as where a person asks officers to arrest a homeowner and states that a complaint has already been lodged.
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Supreme Court Judgment No. 4461/2540 (1997)
In a case of extreme urgency, where delay to obtain warrants would let the suspect flee and evidence be lost, officers may enter a private place at night without a search warrant and arrest without an arrest warrant under Sections 80 and 81 read with Sections 92(2) and 96(2).
The Court held that where letting time pass to obtain an arrest warrant and a search warrant would allow the defendant to flee and evidence to be lost, it was a case of extreme urgency. The officers therefore had power to enter the premises, a private place, at night without a search warrant and to arrest the offender without an arrest warrant under Sections 80 and 81 read with Sections 92(2) and 96(2).
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Supreme Court Judgment No. 1259/2542 (1999)
A warrantless arrest in a private place must comply with Sections 78, 81, and 92; where a flagrant sale of drugs leads immediately and continuously to a co-offender, the arrest of that co-offender is also treated as a flagrant-offense arrest.
After a flagrant sale of methamphetamine, the arrested seller immediately led the officer to a co-offender. The Court held that because the pursuit was continuous and delay would let the co-offender escape, the officer arrested the co-offender in a flagrant offense as well, and the lawfulness of a warrantless arrest is judged against Sections 78, 81, and 92.
Décisions sélectionnées avec numéros de dossier vérifiés dans la base de données de la Cour suprême. Les versions anglaises sont des traductions éditoriales réalisées par le cabinet à des fins d'étude.
Foire aux questions
Can police arrest someone inside a home with only an arrest warrant?
Generally no. Section 81 bars an arrest in a private place even with an arrest warrant unless the search rules are followed, which normally means the officer also needs authority to search the place, such as a search warrant.
Are there exceptions allowing arrest in a private place without both warrants?
Yes. The search provisions provide exceptions, including urgent situations where a suspect may flee or evidence may be lost, and flagrant offenses, where entry and arrest without the usual warrants can be lawful.