Unlawful Arrest and Detention Following a Police Pursuit
Exhibit 2
At approximately 21:00 hours, Officer Auan was driving a vehicle for a routine check when, while passing the residence of Police Officer Nuer, he observed Mr. Plaom assaulting Mr. Thap once, with Mr. Thap intending to apprehend Mr. Plaom. However, Mr. Plaom fled into the compound of Mr. Poom’s residence. Nevertheless, Officer Auan, the father of Mr. Plaom, pursued and apprehended Mr. Plaom. Following the interrogation and detention, Officer Auan submitted a report and forwarded it to the Prosecutor. The Prosecutor prosecuted Mr. Plaom on the charge of assault against another person, without causing grievous bodily harm. The initial court issued the Prosecutor’s indictment and ordered the detention of Mr. Plaom as follows:
Regarding whether the arrest and detention of Mr. Plaom were lawful or unlawful:
If Mr. Plaom contends that he was unlawfully detained, what remedies are available to him, and why?
Officer Auan observed Mr. Plaom assaulting Mr. Thap. Officer Auan, lacking a warrant, acted based on the offense violating Section 2537 of the Constitution of Thailand, B.E. 2540, in conjunction with Section 78(1) and (2) of the Criminal Procedure Code. However, when Mr. Plaom fled into the compound of Mr. Poom, which was a fortified area, at night, Officer Auan did not possess the authority to enter and apprehend him, unless he possessed a dog or there was a discovery through search without a warrant, as stipulated in Section 81 of the Criminal Procedure Code. Therefore, the arrest of Mr. Plaom by Officer Auan was unlawful, and he could not be detained.
Since the arrest and detention of Mr. Plaom were unlawful, generally, Mr. Plaom has the right, pursuant to Section 240 of the Constitution and the Criminal Procedure Code, to file a petition for the court to order his release. However, Section 90 states that the unlawful detention of Mr. Plaom ceased to exist, and there was no basis for Mr. Plaom to request release from unlawful detention.