Lawful Search and Seizure During Counterfeit CD Activity
The production of large-scale counterfeit CD discs led to the immediate preparation for a search and seizure at the defendant’s residence. R.t.A. Reo informed P.t.T. Keng that the aforementioned counterfeit CDs were being removed from the storage warehouse in the area, along with forensic medical personnel in number. They proceeded to observe the defendant’s residence of 3 individuals, Mr. Lak, and discovered that warehouse workers were transporting CDs from the warehouse. P.t.T. Keng and his associates conducted a search and seized the aforementioned counterfeit CDs as evidence. They subsequently arrested Mr. Lak, along with the seized evidence. Mr. Lak attempted to evade arrest by using a firearm to engage in a shootout, but Mr. Lak was shot by P.t.T. Keng, sustaining serious injuries. The following individuals were instructed to determine whether the actions of P.t.T. Keng and his associates were lawful: Given that when P.t.T. Keng and his associates found workers transporting CDs from the warehouse in the area of the defendant’s residence, they boarded a vehicle, in accordance with the Criminal Procedure Code and there was reasonable grounds to believe that if a warrant for search was obtained, the CDs would be moved before it could be seized, Keng and his associates had the power to search, pursuant to the Criminal Procedure Code, Section 92 (2) (4). Upon commencing operations under Section 80, they had the power to search, pursuant to the Criminal Procedure Code, Section . Regarding the arrest, when P.t.T. Keng and his associates observed the commission of a crime, which was apparent in their demeanor and they had the power to conduct a search, they had the power to arrest Mr. Lak without a warrant, pursuant to the Criminal Procedure Code, Section . Mr. Lak attempted to evade arrest by using a firearm to engage in a shootout with P.t.T. Keng, which was an obstruction of the arrest. The use of firearms by P.t.T. Keng against Mr. Lak resulting in his serious injury was justified, in accordance with the Criminal Procedure Code, Section 83 . Therefore, the actions of P.t.T. Keng and his associates were lawful.
Mr. Atit, the plaintiff, sued Mr. Najan, the defendant.