Section 97 — Who may lead a warrant search
Statutory text (Thai original)
ในกรณีที่ค้นโดยมีหมาย
เจ้าพนักงานผู้มีชื่อในหมายค้นหรือผู้รักษาการแทนซึ่งต้องเป็นพนักงานฝ่ายปกครองตั้งแต่ระดับสามหรือตำรวจซึ่งมียศตั้งแต่ชั้นร้อยตำรวจตรีขึ้นไปเท่านั้นมีอำนาจเป็นหัวหน้าไปจัดการให้เป็นไปตามหมายนั้น
English translation
In the case of a search under a warrant, only the officer named in the search warrant, or his substitute, who must be an administrative officer of level three or above, or a police officer holding the rank of police sub-lieutenant or above, has the power to act as leader in carrying out the terms of the 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 97 restricts who may command a search made under a warrant. The named officer holds the authority, and any substitute must meet a minimum rank: administrative officer of level three or above, or police officer of the rank of police sub-lieutenant or above. This ensures that a warrant search is led by a person of sufficient responsibility. It works closely with Section 102, which governs the witnesses and manner of the search, so that a lawful search is both led by the right officer and conducted before the proper persons.
Why this matters in practice
If your premises are searched under a warrant, the person named in that warrant, or a substitute of the required rank, must be the one leading the search. A search directed by someone else, or by people simply assisting who were not properly authorised, can be challenged, and civilians who join in are not automatically acting as lawful assistants. Verifying who led the search is part of testing its validity. See what to know before you go to court in Thailand.
Supreme Court decisions interpreting this section
-
Supreme Court Judgment No. 1455/2544 (2001)
A search under a warrant must be led by the officer named in the warrant and conducted before the owner or a member of the owner's family, or, failing that, two requested witnesses, under Sections 97 and 102, first paragraph.
The court held that the police captain named in the warrant led the search and conducted it in the presence of the accused, who was the son of the homeowner, which counted as a member of the owner's family. The search therefore complied with Sections 97 and 102, first paragraph.
-
Supreme Court Judgment No. 2304/2523 (1980)
Under Section 97 the officer named in the warrant must carry out the search; where that officer did not assign others to assist, the acts of those others cannot be treated as lawful assistance to the officer.
The warrant named a police captain as the officer with power to search, who under Section 97 had to carry out the search. Because it did not appear that he had assigned the two defendants to assist, their conduct in the search could not be found to be lawful assistance to the officer.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Who is allowed to lead a search under a warrant?
Under Section 97, only the officer named in the search warrant, or a substitute who is an administrative officer of level three or above or a police officer of at least police sub-lieutenant rank, may lead it.
Can a lower-ranking officer substitute for the named officer?
Only if they meet the minimum rank in Section 97: an administrative officer of level three or above, or a police officer of the rank of police sub-lieutenant or above.