LEGAL PROBLEMS IN SEARCHING AND SEIZURE OF SUSPECTS IN PRIVATE DWELLING PLACE DURING NIGHT TIME OF POLICE OFFICER

Abstract

This research article the objective is to find the answer to the problem of searching for suspects and arresting the suspects at night. According to the law, the procedures of Thailand, whether the provisions and guidelines comply with international standards or not There should be a new revision lagging behind the law legal provisions the current practice in this matter is still confusing. Causing to violate civil rights and freedoms because the law has long been enacted the results showed that there was a limitation in the use of police search at night time by police officers. A study of foreign law found that England, the United States, Germany, France, Vietnam, and Thailand have similar rules for nighttime searches by police officers, which are: The law provides search for primary daytime facilities. While searching at night is an exception. The researcher hypothesized that problems that are often overlooked is to determine when the night time under Section 96 (1) starts at it should be rearranged to make it clear how many hours a night is considered. In the event of a serious emergency claim under Article 96 (2), allowing the official to use an excuse of fierce or important criminals under Section 96 (3) for the infringement of rights. Without specifying whether fierce or important villains is an offender in any criminal case, how much punishment is to be able to maintain public order and protect the rights and liberties of the people