Search and Seizure Procedure of Thai Naval Officers for Suppression of Lawbreakers at Sea

Abstract

The constitution of the Kingdom of Thailand provides the protection of a person’s human rights as well as their freedom and equality. Arresting individuals, searching of property and obstructing one’s freedom are all illegal, unless a decree is issued or the proper law applies. Therefore, law enforcement conducted by the naval officers should focus on a person’s rights and freedoms which are guarantee under the constitution. This means that arresting and searching can only be done where there is authorization by the law. As regards the search and seizure of lawbreakers at sea, naval officers must be authorized for these specific purposes and the Criminal Procedure Code by an authorized party with a position and/or rank equal to or higher than that of which is required by the related law. According to the law, if needed arresting and searching can be achieved by a court ruling, but this can cause difficulties and delays in both the court system and in the abilities of naval officers to do their job responsibly. This means that officers have to try to find any legal means, by exemptions or law, that authorizes them to make the arrest or search without acquiring the court ruling. As a result, naval officers should have understanding of rules, regulation, and law of reinforcement at sea to accomplish given tasks efficiently.