Is There Probable Cause in Thailand?

Question from a client: What’s the general definition of probable cause in Thailand? Is probable cause required for a stop and search? I realize a person with a badge and gun can do whatever he / she likes, but what does the law say?

Sunbelt Asia Legal Advisors responds:

There are two kinds of searches allowed by police officers; search in a private place which requires a warrant from the courts and the search of any person in a public place.

The second search can be made on probable cause, ie the police has a suspicion based on the situation. It can be a grey area but most people can see what could be deemed as suspicious. Such as a person driving a car makes a U-turn just before a police checkpoint would be considered as suspicious behavior.

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