What to do when an officer shows you a search warrant and requests a search

Legally, there is no law that gives police officers or government officials the power to follow or visit the homes of people who have not committed any crimes. There is no law that gives police the power to enter people's homes to ask for information if there is no reason to suspect that the person has committed an offense against the law. Home premises are the private property of the residents. Government officials can "intrude" into people's homes only in cases of necessity and with a search warrant.

Citizens' rights when receiving a search warrant

  1. Request the officer to show the search warrant.
    • A search warrant must be signed by a judge or court and clearly state the reason for the search, such as seeking items relevant to the case.
  2. Check the search warrant carefully.
    • The name of the person requesting the search warrant must be an official with legal authority.
    • Location information must clearly state the address or location to be searched.
    • The searched items must be specified, such as weapons, drugs, or certain types of documents.
    • Verify that the date and search warrant number are correct.
  3. Cooperate within the scope of the search warrant
    • Facilitate searches to clear up suspicions
    • It is not necessary to allow the officer to extend the search scope beyond what is specified.
  4. Right to refuse search
    • If the search warrant is invalid or incomplete, the search can be refused.
    • If the officer has a valid search warrant, the public can request that the search warrant be followed only within the scope of the warrant.
    • If there is no search warrant and there is no clear legal reason, the homeowner can refuse entry into the home.
    • If you consent to a search, you should contact a lawyer to accompany you to the inspection.

What is a search warrant?

A search warrant is a document issued in a criminal proceeding that requires court approval to allow police officers to search a private place for illegal items. Before conducting the search, the warrant must be presented to the owner of the premises, and the search must be conducted during daylight hours (sunrise to sunset).

The secluded place Refers to private areas that are not public, such as houses, offices, and real estate that are displayed as a sign of privacy, such as by fencing or posting signs of private areas.

Reasons for which a search warrant can be issued (Section 69 of the Criminal Procedure Code)

  1. To find and seize items that are evidence for the investigation
  2. To find and seize illegal or illegally obtained items.
  3. To find and assist persons who are being unlawfully detained or held.
  4. To meet a person with an arrest warrant
  5. To find and seize items according to a court judgment or order

Purpose of the search warrant

  1. Search and seizure of items
  2. Searching for personal assistance
  3. Search for arrest of a warrant holder

The person with authority to issue a search warrant

  • The court has the authority to issue search warrants.
  • Search warrants are issued by the court at its discretion or at the request of an officer.

Qualifications of the officers named in the search warrant

  • Must be a government official of level three or higher.
  • Must be a police officer with the rank of Police Lieutenant or above.

Text that must be included in a search warrant

  1. Place of issue
  2. Date of issue
  3. Reasons for issuing a warrant
  4. Details of the location to be searched, the name of the person or thing to be searched
  5. Specify the fault or safety method.
  6. Court signature and seal

Written by Miss Nuchwara Banchobbaramee