Farang Police Volunteer with a very bad attitude.

[Wat dee]

Policemen and policewomen fill a vital role in any civilized society. It is an honorable profession, and it should always be filled by PROFESSIONALS, who should be well compensated so they won't be compromised. I do not trust anybody who volunteers to be a cop, here or anywhere else.

Agreed, sad to see these videos in youtube about cops abusing their authority.In western world, seems to be big problem especially in States.

[NomadJoe]

In Thailand, civilians in a public place are subject to searches of their person and vehicles (but not their homes) by police without probable cause or articulable suspicion.

That is not quite accurate unless I'm misunderstanding your statement. Reasonable cause is required to search in public without warrant.

Police may conduct searches and seizures without a warrant when he has reasonable grounds to believe that the suspect has in his possession:

• Articles that may be used to commit a crime;
• The fruits of a crime;
• Illegal items (like illegal substances).

Siam-Legal

Can I refuse Phuket Police 'pat-down' searches?

Recently I was again stopped by police close to my house and searched. They went through my pockets, wallet, my motorcycle and frisked me as well. They were apparently picking out people at random so it wasn’t due to exigent circumstances.

It is generally a very unpleasant experience and I have in the past been told by a policeman doing it that he would “keep an eye on me”.

In all my years here I have never had any problems with the law, so naturally I strongly resent this. What are my rights under these circumstances? Can I refuse the search? Can I demand representation?

Tom, Kathu. Tuesday, May 28, 2013 9:50:39 AM

“The Royal Thai Police are empowered by Cabinet resolution and through the Internal Security Operations Command (ISOC) to set up checkpoints and search people.

We do not need a warrant from the court to search people at checkpoints in any public areas. This is because checkpoints are set up in order to protect public safety.

Sometimes officers cannot stop and check everyone simply because there are too many vehicles passing through the checkpoint at that time.

However, in special circumstances such as when we are trying to apprehend a specific criminal, we will stop and check every person.

No person can refuse to be searched by an officer.

Any person who refuses to let a police officer perform his duty and conduct a search will be charged with obstructing an officer from performing his duty.”

Tuesday, May 28, 2013 9:50:39 AM Col Sermphan Sirikong, Superintendent, Phuket City Police.

“It is very important to cooperate with police conducting inspections and searches. They do so to improve public safety and to prevent crime in the area.

Also, Section 138 of Thailand Penal Code states: “Whoever, resisting or obstructs an official or a person required by law to assist such official in the due exercise of his functions, shall be punished with imprisonment not exceeding one year or fine not exceeding two thousand Baht, or both.”

However, if you are not in a public area and a person identifies him or herself as a law enforcement officer and asks to search you, you have the right to ask that person to show you his or her identification to confirm he or she is indeed a law-enforcement official.

You also have the right to ask to see the warrant empowering that officer to search you.

If they can not present the correct identification and search warrant, you have the right not to be searched.”

Tuesday, May 28, 2013 9:51:27 AM Werapong Khaokhawong, an officer at the Ministry of Justice’s Rights and Liberties Protection Department Phuket Office.

More:

The police do have the right to enforce a search and drug test on the spot, if you decline they will take you to the station for testing."

http://www.thaivisa.com/forum/topic/755262-random-police-check/#entry8304318

"...the police are well within their rights to search you..."

http://www.thaivisa.com/forum/topic/733499-lawyer-after-attempted-police-search/

[NamKangMan]

In Thailand, civilians in a public place are subject to searches of their person and vehicles (but not their homes) by police without probable cause or articulable suspicion.

That is not quite accurate unless I'm misunderstanding your statement. Reasonable cause is required to search in public without warrant.

Police may conduct searches and seizures without a warrant when he has reasonable grounds to believe that the suspect has in his possession:

• Articles that may be used to commit a crime;
• The fruits of a crime;
• Illegal items (like illegal substances).

Siam-Legal

Can I refuse Phuket Police 'pat-down' searches?

Recently I was again stopped by police close to my house and searched. They went through my pockets, wallet, my motorcycle and frisked me as well. They were apparently picking out people at random so it wasn’t due to exigent circumstances.

It is generally a very unpleasant experience and I have in the past been told by a policeman doing it that he would “keep an eye on me”.

In all my years here I have never had any problems with the law, so naturally I strongly resent this. What are my rights under these circumstances? Can I refuse the search? Can I demand representation?

Tom, Kathu. Tuesday, May 28, 2013 9:50:39 AM

“The Royal Thai Police are empowered by Cabinet resolution and through the Internal Security Operations Command (ISOC) to set up checkpoints and search people.

We do not need a warrant from the court to search people at checkpoints in any public areas. This is because checkpoints are set up in order to protect public safety.

Sometimes officers cannot stop and check everyone simply because there are too many vehicles passing through the checkpoint at that time.

However, in special circumstances such as when we are trying to apprehend a specific criminal, we will stop and check every person.

No person can refuse to be searched by an officer.

Any person who refuses to let a police officer perform his duty and conduct a search will be charged with obstructing an officer from performing his duty.”

Tuesday, May 28, 2013 9:50:39 AM Col Sermphan Sirikong, Superintendent, Phuket City Police.

“It is very important to cooperate with police conducting inspections and searches. They do so to improve public safety and to prevent crime in the area.

Also, Section 138 of Thailand Penal Code states: “Whoever, resisting or obstructs an official or a person required by law to assist such official in the due exercise of his functions, shall be punished with imprisonment not exceeding one year or fine not exceeding two thousand Baht, or both.”

However, if you are not in a public area and a person identifies him or herself as a law enforcement officer and asks to search you, you have the right to ask that person to show you his or her identification to confirm he or she is indeed a law-enforcement official.

You also have the right to ask to see the warrant empowering that officer to search you.

If they can not present the correct identification and search warrant, you have the right not to be searched.”

Tuesday, May 28, 2013 9:51:27 AM Werapong Khaokhawong, an officer at the Ministry of Justice’s Rights and Liberties Protection Department Phuket Office.

More:

The police do have the right to enforce a search and drug test on the spot, if you decline they will take you to the station for testing."

http://www.thaivisa.com/forum/topic/755262-random-police-check/#entry8304318

"...the police are well within their rights to search you..."

http://www.thaivisa.com/forum/topic/733499-lawyer-after-attempted-police-search/

I think the point is, NJ, that random, and regular searches, of the type described, doesn't make for a pleasant location to retire/reside in.