Section 93 — Search of a person in public
Statutory text (Thai original)
ห้ามมิให้ทำการค้นบุคคลใดในที่สาธารณสถาน เว้นแต่พนักงานฝ่ายปกครองหรือตำรวจเป็นผู้ค้นในเมื่อมีเหตุอันควรสงสัยว่าบุคคลนั้นมีสิ่งของในความครอบครองเพื่อจะใช้ในการกระทำความผิด หรือซึ่งได้มาโดยการกระทำความผิดหรือซึ่งมีไว้เป็นความผิด
English translation
No search of any person shall be made in a public place, except where an administrative or police officer conducts the search when there is reasonable cause to suspect that such person has in his possession property to be used in committing an offence, or property obtained through the commission of an offence, or property the possession of which is an offence.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 93 governs the search of a person (as opposed to a place) when that person is in a public place, and it does not require a warrant. The single gateway is reasonable cause to suspect that the person possesses one of three categories of property: items to be used in an offence, items obtained from an offence, or items whose mere possession is unlawful. It complements Section 92 (searches of private places) and often precedes an arrest without warrant under Section 78 once a flagrant offence is found on the person searched.
Why this matters in practice
The lawfulness of a public search turns on whether the officer genuinely had reasonable cause to suspect before the search, not on what was ultimately found. A search of a shop or restaurant where customers are present is treated as a public place, not a private one, so no warrant is needed. If you believe you were searched in public without proper grounds, the search and any resulting seizure can be challenged. 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. 19357/2556 (2013)
Reasonable cause to suspect that a person possesses items to be used in committing an offence gives an administrative or police officer authority under Section 93 to search that person in a public place, and doing so is not malfeasance in office.
The court found that the officers entered and searched because of reasonable suspicion the complainant possessed items to be used in an election-law offence, so they had authority under Section 93. It reversed the lower court and dismissed the charges of malfeasance in office and trespass against the officers.
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Supreme Court Judgment No. 3751/2551 (2008)
A noodle shop with customers present is a public place, not a private place; when officers have reasonable cause to suspect a person possesses methamphetamine, they may search that person without a warrant under Section 93, and a flagrant offence found then allows arrest without a warrant.
Because customers were eating at the accused's noodle shop, it was a public place rather than a private one. With reasonable cause to suspect the accused possessed methamphetamine, the officers could search without a warrant under Section 93, and the drugs found made it a flagrant offence permitting arrest without a warrant under Section 78(1). The search and arrest were lawful.
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Supreme Court Judgment No. 8722/2555 (2012)
A search of a person in a public place is prohibited unless it falls within the Section 93 exception; officers must be able to show the reasonable suspicion the statute requires, otherwise the search is unlawful.
The court examined whether the officers' search of the accused in a public place was lawful, quoting Section 93 in full and stressing that an officer may not search a person in a public place unless the case falls within the statutory exception requiring reasonable cause to suspect unlawful possession.
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 search me in the street without a warrant?
Yes, but only if they are an administrative or police officer and have reasonable cause to suspect you are carrying items to be used in a crime, obtained from a crime, or unlawful to possess, as required by Section 93.
Is a restaurant or shop a public place for search purposes?
Courts have treated a shop or eatery open to customers as a public place under Section 93, not a private place, so a warrant is not required to search a person found there on reasonable suspicion.
What happens after police find illegal items on me in public?
If a lawful search under Section 93 reveals items whose possession is an offence, that becomes a flagrant offence, and the officer may arrest you without a warrant under Section 78(1).