Article 81: No arrest in a private place

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 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.

2. Arrêt de la Cour suprême n° 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).

3. Arrêt de la Cour suprême n° 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.

Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.