What Is The Legalities Of "checking Things"

[farang62]

There seems to be a lot of people checking "things" here on Samui.

Just who can "Check Things". Maybe we have a Thai Lawyer who can advise just who can come on your premises and "Check Things"

Example, In Bangkok the Immigration Police came to our office to check for illegal aliens. Luckily I was there and ask them what the wanted they said they were checking for Illegal aliens.

I asked if they had a "Warrant From the Court' they did not, I asked for identification, they would not show me any, the comment was "do you know who we are".

I told them I did not as they had no I.D. and No Warrant. They left in a huff, never heard anything from them after that.

Believe it or not we ALL have rights here in Thailand, especially as to your private premises. The Police can only enter with a warrant or with probable cause of a crime in progress, like chasing a suspect into your house or office.

The biggest problem is the "police" just walk in and look around, if you let them in it is tantamount to giving your permission. Shops, internet cafes and pubs/bars are particularly suitable.

In my Friends Internet shop the entrance to the "back Room" had a private sign on the door, it they enter they are in violation of the law. ONE THING THAT IS VERY IMPORTANT if your staff invites them in you are screwed as it is "your permission". Your staff needs to be told these rules, they use intimidation to enter. And remember always ask for identification, they must show it, the uniform and badge mean nothing.

I had this happen here where the "Tax People" came to my office and wanted to see my books, my answer "do you have a warrant", can I see some ID, in both cases None, so I told them to go see my bookkeeper. Neither my bookkeeper or I ever heard any thing else.

These scams and invasion of privacy are common all over the world, and they make a lot of money out of them. Know your rights!

Ant Yes a Police man can come and ask to see your Passport, just show it to him/her but don't let them in to case your place, and get some I.D. if they are on official business they will gladly show it to you, if not they will become demanding and try and intimidate you.

Also I believe that only an officer of the court (police) can execute a warrant. They must be there and tell you what the warrant is for, usually they are very specific.

Almost all the software busts were done with warrants issued on a complaint/observation by a present or ex-employee reporting the pirated software to the SWA and if the bust does find the indicated illegal software/what ever the person is given a reward by the SWA.

Also be aware that if your employee installed pirated software on your computer/s you are responsible for what is on the computer.

I would like it if these happenings and opinions can be verified by a Legal Person on the forum.

Farang62

[laosuwan]

this is one of the best and most useful posts I have ever read on this forum. The same thing happened to me in phuket, twice. Once the revenue people came into our place of business and demanded to see tax stamps. they refused to show id so i insisted. one of them showed me his thai id card. i tried to write down his name but he went beserk and started calling me a "foreigner" blah blah blah. I poliely asked him in thai if he would like to repeat his comments again to me outside behind the shop. he stormed out in a huff. another time the police came to my house on a sunday morning. they wanted to come inside to "check things" I asked why and he went beserk. Same old tune: you are a farang, this is thailand, I am the police. I told him in thai I am not a farang, I am a kon farang, that this is not thailand, this is my land, thailand is over there (pointing to the street) and if you are the police why are you acting like a wild animal? Then he really went beserk, demanding to come inside the house again. I told him no warrant, no come inside. He demanded my passport (fair game) I show it to him and then he demands my work permit. I tell him only officials from labor department are allowed to demand the work permit and he really went beserk. I really thought he might shoot me but I stood my ground and kept cool, smiling. Finally they left. Turns out this group of XXXXX had been going around to foreigners houses, going inside, then finding "problems" and fixing the problems with the pyment of a fee (20,000 to `100,000 baht) not to "take you to jail" .

One other point I can add; those dam_n check points of theirs. When you hit one manned by corrupt XXXXX they just open your door and get inside, start looking around. You are powerless to stop them once they are inside. Always lock your doors before you get to the check point. I usually have my doberman in the car with me and its pretty funny when the XXXXX open the door or stick their face through the window. But, not everyone has a doberman in the car, so...

DOES ANYONE KNOW, DO YOU HAVE THE RIGHT TO DENY ACCESS TO SEARCH THE INSIDE OF THE CAR AT A CHECK POINT ON THE HIGHWAY? TO MAKE THEM TAKE YOU TO THE STATION TO CHECK IN FRONT OF WITNESSES? WHAT CAN THEY DO IF YOU REFUSE TO PERMIT A SEARCH WITHOUT WARRANT OR CAUSE? ANYTHING? Out in the dark on the highway they can plant anything in your car and say they found it.

[bluechipit]

Microsoft are here with local police checking businesses for unlicensed software. They obtain a warrant from the local courts to search the business and turn up with a high-ranking member of the police. So in this case they will have a proper warrant.

However there are bogus gangs going around doing the same thing, without the warrant or the high-ranking member of police.

If someone turns up at your business demand to see a warrant. They also need a certain level police officer with them.

Matt.

[bluechipit]

P.S. If anyone wants to see what papers the police need to search you place then PM me. I have a copy the official documentation they need to be able to perform a search.