Section 70 — Search warrant to arrest a person
Statutory text (Thai original)
หมายค้นซึ่งออกเพื่อพบและจับบุคคลนั้น ห้ามมิให้ออก เว้นแต่จะมีหมายจับบุคคลนั้นด้วย และเจ้าพนักงานซึ่งจะจัดการตามหมายค้นนั้นต้องมีทั้งหมายค้นและหมายจับ
English translation
A search warrant issued for the purpose of finding and arresting a person shall not be issued unless there is also an arrest warrant for that person; and the officer who is to act under the search warrant must have both the search warrant and the arrest warrant.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 70 qualifies the search-warrant grounds in Section 69 by adding a safeguard for the specific situation where a search is aimed at arresting a person. It prohibits issuing such a search warrant unless an arrest warrant already exists, and it requires the executing officer to carry both warrants at the point of action. The provision prevents a search warrant from becoming a backdoor route to arresting someone who is not otherwise subject to an arrest warrant. Read with Section 69(2), a search that targets property whose possession is itself an offense, rather than a person, does not engage Section 70 and needs no arrest warrant.
Why this matters in practice
If officers enter to arrest a named person under a search warrant, they should be able to produce both a search warrant for the premises and an arrest warrant for that person. The absence of the required arrest warrant can make the entry and arrest unlawful. The picture differs where the search targets contraband rather than a person, so the exact object of the search matters. Anyone who has been arrested during a search should keep copies of any warrants shown and take early advice; you can arrange an online consultation with a Thai lawyer.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 360/2542 (1999)
Where a search is to find and seize property whose possession is an offense under Section 69(2), Section 70 does not apply and no arrest warrant is required for the search.
The search was conducted to find and seize narcotics, being property whose possession is an offense, on information from an informant. The Court held that the search warrant could issue under Section 69(2) and it was not necessary to issue an arrest warrant for the person under Section 70; the later arrest was valid because possession of the drugs was a flagrant offense under Section 78(1).
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Can police use a search warrant to arrest someone without an arrest warrant?
No. Under Section 70, a search warrant issued to find and arrest a person cannot be issued unless there is also an arrest warrant for that person, and the officer must carry both.
Does a drug search require an arrest warrant under Section 70?
No. When the search targets property whose possession is an offense, such as drugs, it falls under Section 69(2) and Section 70 does not apply, so no arrest warrant is needed for the search itself.