Section 102 — Manner of search and witnesses
Statutory text (Thai original)
การค้นในที่รโหฐานนั้น ก่อนลงมือค้นให้เจ้าพนักงานผู้ค้นแสดงความบริสุทธิ์เสียก่อน และเท่าที่สามารถจะทำได้ให้ค้นต่อหน้าผู้ครอบครองสถานที่หรือบุคคลในครอบครัวของผู้นั้น หรือถ้าหาบุคคลเช่นกล่าวนั้นไม่ได้ ก็ให้ค้นต่อหน้าบุคคลอื่นอย่างน้อยสองคนซึ่งเจ้าพนักงานได้ขอร้องมาเป็นพยานการค้นที่อยู่หรือสำนักงานของผู้ต้องหาหรือจำเลยซึ่งถูกควบคุมหรือขังอยู่ให้ทำต่อหน้าผู้นั้น ถ้าผู้นั้นไม่สามารถหรือไม่ติดใจมากำกับจะตั้งผู้แทนหรือให้พยานมากำกับก็ได้ ถ้าผู้แทนหรือพยานไม่มี ให้ค้นต่อหน้าบุคคลในครอบครัวหรือต่อหน้าพยานดังกล่าวในวรรคก่อนสิ่งของใดที่ยึดได้ต้องให้ผู้ครอบครองสถานที่ บุคคลในครอบครัว ผู้ต้องหา จำเลย ผู้แทนหรือพยานดูเพื่อให้รับรองว่าถูกต้อง ถ้าบุคคลเช่นกล่าวนั้นรับรองหรือไม่ยอมรับรองก็ให้บันทึกไว้
English translation
In a search of a private place, before commencing the search the officer conducting it shall first demonstrate his good faith, and, so far as practicable, shall conduct the search in the presence of the occupier of the place or a member of his family; or, if no such person can be found, shall conduct the search in the presence of at least two other persons whom the officer has requested to act as witnesses.
A search of the residence or office of a suspect or accused who is under custody or detention shall be conducted in his presence. If he is unable or unwilling to attend to supervise, he may appoint a representative or provide a witness to supervise. If there is no representative or witness, the search shall be conducted in the presence of a member of the family or in the presence of the witnesses mentioned in the preceding paragraph.
Any property seized must be shown to the occupier of the place, the member of the family, the suspect, the accused, the representative, or the witness, for confirmation that it is correct. Whether such person confirms it or refuses to confirm it, this shall be recorded.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 102 is the central provision on how a search of a private place must actually be carried out under Chapter 2 (Search). The first paragraph requires the officer to demonstrate good faith (for example, showing that nothing is being planted) and to search before the occupier, a family member, or two requested witnesses. The second paragraph gives a detained suspect or accused the right to have their home or office searched in their presence or before a chosen representative. The third paragraph requires seized items to be shown for confirmation and the response recorded. It works with Sections 97, 101, and 103, and non-compliance can undermine the evidential weight of what is seized.
Why this matters in practice
This section protects against evidence being planted or found out of sight. A finding of items away from the occupier or accused, when they could have been present, is a recognised weakness that courts scrutinise, especially in drug cases. If you were held at the front of the premises while items were found elsewhere, or seized items were never shown to you for confirmation, that can be raised at trial. See what to know before you go to court in Thailand.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 4793/2549 (2006)
Where the accused was held at the front of the house while the seized banknotes were found at the side and taken to an officer out of the accused's sight, the officer did not comply with the requirement in Section 102, first paragraph, to search in the presence of the occupier or accused.
The accused was under control at the front of the house while the banknotes were found at the side and carried to an officer there. The court held this showed the officer did not follow the rule in Section 102, first paragraph, which requires the search to be conducted, as far as practicable, in the presence of the occupier of the place or a member of the family, or two requested witnesses.
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Supreme Court Judgment No. 375/2542 (1999)
Where the accused was alone at home with no obstacle to being present, officers who found heroin behind the house out of the accused's sight, instead of bringing the accused to witness the search, did not comply with Section 102, first paragraph.
The accused was alone at home with no apparent obstacle. After finding nothing inside, the officers should have taken the accused to the back of the house and searched in the accused's presence to show good faith and comply with the law; instead, the heroin was found behind the house out of the accused's sight. The court treated this as a failure to comply with Section 102, first paragraph.
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Supreme Court Judgment No. 2892/2536 (1993)
A search of a place after the suspect has been released on bail is not a search of a detained suspect's residence under Section 102, second paragraph, but under the first paragraph; showing the warrant, searching before the keeper of the place, and recording the items found complies with Section 102.
Because the search of the workshop took place after the first accused had been released on temporary bail, it was not a search of a detained suspect's residence under the second paragraph of Section 102, but a search under the first paragraph. The officer exhibited the warrant, searched before the keeper of the workshop, and recorded the items found with the keeper's signature, so the search complied with Section 102.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Must police search my home in front of me or a witness?
Under Section 102, so far as practicable the search must be in the presence of the occupier or a family member, or, if none can be found, at least two requested witnesses. For a detained suspect, the search of their home must generally be in their presence.
What if drugs are found out of my sight during a search?
Courts scrutinise items found away from the occupier or accused when they could have been present, because Section 102(1) requires the search to be in their presence as far as practicable; such findings may be given less weight.
Do police have to show me the seized items?
Yes. Section 102 requires seized property to be shown to the occupier, family member, suspect, accused, representative, or witness for confirmation, and any confirmation or refusal must be recorded.