Police Inspections – What should you do?

By Yutthachai Sangsirisap and Robert Virasin

There are many stories about bad police planting evidence or fake police trying to misrepresent themselves to shake down an innocent person. What should you do if a person claiming to be a police officer comes up to you and wants to inspect your person or belongings?

The primary duty of the police is to protect people and property and to enforce laws. When a crime occurs, they have to investigate the crime to ensure justice by catching criminals. Under Thai law, the police officer has the right to search people and inspect property to prevent or solve a crime. When a police officer, acting in a law manner, requests to search you, you have to comply. However, there are certain things that you can do to protect yourself.

First, you should request the police for his identification to ensure that he is an actual police officer. If you believe that he is not an actual police officer, then you should shout and catch the attention of people around you so that they can act as your witness. If the officer is a fraud, they may be able to assist you.

Second, during the inspection, you have the right to record the whole process of the inspection as long as you do not interfere with the actual inspection. With everyone carrying handheld video cameras in the form of their smartphones, it should be an easy to record a video of the inspection. However, if the police find illegal material or contraband during the search, the video can be used as evidence against you.

Third, you can ask the police officer to empty his shirt and trouser pockets and to clear anything that may be hidden up his sleeves before the inspection. This will help to alleviate concerns that he may plant some evidence against you. If the police officer refuses to empty his pockets before the search, you may have grounds for suspicion and may consider requesting additional witnesses before the inspection.

Fourth, if the police find something that does not belong to you, do not touch the item and do not admit that the object is yours. If possible, take a photo of the object and contact your family and close friends. If you do not already have the name of a criminal attorney, then ask your family or friends to locate a criminal attorney to assist you.

Fifth, you should avoid signing any documents. If the police tell you that you must sign, please read it carefully. If you do not understand the document, you need to find someone you trust to translate it for you. Do not rely on the police to translate the document for you. If the document is not accurate, do not sign it. If the document is not fully completed or is blank, do not sign it. If you agree with the document, initial every page before signing it to prevent someone from switching a page.

In our line of work, we have had many clients who have been victims of false criminal charges. The police have a right to inspect your persons and property as part of their law enforcement duties. You have an intrinsic right to protect yourself from bad or fraudulent police officers. Be diligent when someone claiming to be a police officer wants to search you or your property.

Mr. Robert R. Virasin is a licensed U.S. Attorney who has handled criminal immigration waivers and Mr. Yutthachai Sangsirisap is a licensed Thai Attorney who has represented many individuals in criminal court They can be reached at info@virasin.com or at www.virasin.com.

Songkran: Fun, Drinking, and the Police


Songkran is a Thai religious festival where people sprinkled water on their family members and pay respects to their elders marking the beginning of the Buddhist New Year. Now it is more known as a weeklong holiday and a three-day water fight and party. Large numbers of tourist come to Thailand to join in the festivities. There are music festivals, hotel pool parties, and walking street celebrations. It is a time where people let loose and civility is secondary. In response, Thai police are represented in large numbers to ensure that there are no disturbances.

Excessive drinking contributes to the party atmosphere and the police will be looking for people who have lost control. Public intoxication is defined as anyone who puts themselves into a state of drunkenness by the consumption of alcoholic beverages or other intoxicating substances and exhibits themselves in a troublesome or senseless behavior in a public or in a public space. Those found of public intoxication can be arrested and fined.

Many individuals lose control during Songkran. They begin defacing private and public property by destroying, disfiguring, or marking buildings. Others just start fighting or joining a public brawl. These individuals can also face imprisonment and a fine.

During this period, do not consume illegal narcotics in Thailand. The police are everywhere. They are looking for people under the influence of narcotics. The potential penalty for public intoxication, defacing public property, or fighting does not compare to the seriousness of being arrested and charged with illegal narcotics. A charge for illegal narcotics opens up people for extortion and long sentences in Thailand’s overcrowded prisons.

What should someone do if they are approached by a Thai police officer?

It is best to cooperate with the Thai police. Normally, the police just wants to ask some questions or observe the behavior of an individual. Under section 367 of the Thai Criminal Code, people are required to provide their name and address to a public officer if it is made in the interest of legal enforcement. The failure of provide such information or to intentionally give false information makes the person liable for a fine. In addition, the failure to cooperate might raise increase suspicions from the police and the police may further interrogate the individual.

In addition, any person who is given an order given by a legally authorized public officer and fails to abide by the order without reasonable grounds or excuse faces imprisonment and a fine. However, even if it is determined you have been given a reasonable request by a legitimate police officer, it is important to be wary.

If the police would like to search your clothes or bags, ensure that the search is done in public in the presence of other people. If they want to search your pockets, pull the items in your pockets by yourself to ensure that something is not unknowingly put in the pockets.

If the police determined that a law was broken and the individual needs to be taken into custody, they will arrest the suspect. The police have a duty to immediately inform the suspect of the charge and take them directly to the closest police station to be processed. They are not allowed to take them into another room or to a private house. They must take them directly to the police station.

After the arrest, the suspect can contact a related person and an attorney. Under Thai law, a suspect has the right to remain silent. It is a good idea for a foreign national to remain silent until they are represented by a local attorney. They can place themselves in a more difficult position if they talk without a full understanding of the language or Thai law.

The police can only hold a person for 48 hours unless they bring the suspect in front of a judge to request for an extension of the hold. After the arrest, the suspect may be eligible for bail. For small cases like public intoxication, the bail can be paid at the police station immediately.

Another quirk in the law is that Thailand has a good Samaritan law. When someone sees any person in danger, they are required to render assistance if the assistance does not put the individual in danger. If the public officer request assistance in the performance of a public duty, the person is required to assist the public officer. Failure to provide assistance in either of the above circumstances face imprisonment and a fine.

During this period of celebration, partiers should keep a copy of their identification, phone number of a local friend, contact for their local embassy, and the phone number of a local English speaking attorney. Have fun in groups and be vigilant. Stay away from narcotics and people who may attempt to take advantage of you.

Thai Property Contracts



Real estate contracts are used to transfer real property from one person to another. The real estate contract will contain the terms of the sales agreement between the seller and the buyer. The sales agreement details how the seller will transfer the property, the responsible party for the sales taxes, and contingency actions if the sale is not completed. In Thailand, specific regulatory requirements must be met to ensure the legality of the property transfer. The primary issue for foreign nationals is that the property contract is written in Thai.

After an initial deposit, a contract for the sale to purchase land is issued by the seller. The sales contract is usually written in Thai and is translation into English, if the purchasing party is a foreigner. Before signing the sales contract, a buyer should read and understand the contract thoroughly. It should reflect the basic rights of the consumer. And the contract should be legal, complete, and enforceable. The Thai version of the contract will be used in a court of law in case of a disagreement.

The foreigner should be represented by independent counsel to ensure that the English translation conforms to the original Thai document. A competent property attorney can recommend amendments to the contract to ensure that it meets the needs of their foreign client. In addition, an attorney can ensure that there are no hidden provisions or charges in the contract.

For a foreigner who has leased land in Thailand, it is important to ensure that their rights are protected. The rights include the right to use the land and build on the land for the purpose intended by the foreigner. These are separate from the right to own the land. Generally the right to lease the property can be given for up to thirty years. The rights should also be transferred if the property lease has been extended. All of these documents should be properly registered with the local provincial government.