The Inspector-General of Police in Malaysia, Tan Sri Razarudin Husain, clarifies that the police have the legal authority to inspect a person's mobile phone if there are reasonable grounds to suspect criminal activity. He emphasizes that this authority stems from specific provisions in the Criminal Procedure Code and the Communications and Multimedia Act. However, he stresses that only officers with the rank of Inspector or higher are permitted to conduct these checks, and they must be carried out judiciously and in accordance with legal frameworks.
The police in Malaysia have the legal authority to inspect a person's mobile phone if there are reasonable grounds to suspect criminal activity. Inspector-General of Police Tan Sri Razarudin Husain clarified this position, stating that the authority stems from Section 23 (1) of the Criminal Procedure Code and Section 233 of the Communications and Multimedia Act (AKM) 1998.
According to Razarudin, these provisions allow the police to ensure the absence of obscene or offensive content, as well as threatening communication, on the device. However, Razarudin emphasized that only police officers with a rank of Inspector or higher are permitted to conduct these inspections. He stressed that the checks must be carried out judiciously and in accordance with existing legal frameworks, not arbitrarily or without a valid reason. This clarification came in response to a viral video showing an individual challenging the police's actions during an arrest, particularly their examination of the arrested person's mobile phone. Razarudin further explained that Section 20(g) of the Police Act empowers officers to request individuals to display information upon demand, while Section 292 of the Penal Code can be invoked if obscene materials are discovered during the inspection. This constitutes an offense that could lead to an arrest without a warrant. The same principle applies if an online gambling application is found on the phone, as it constitutes a criminal offense under the Open Gambling Houses Act 1953. In cases where immediate access to the phone is crucial, such as when there are suspicions of evidence being tampered with, a warrantless search may be conducted. However, the police must have reasonable grounds to believe that delaying the warrant process could jeopardize the investigation. If an individual refuses to cooperate, they could face arrest for obstructing the police from performing their duties. The IGP emphasized that any seized mobile phones must be strictly used for relevant investigations or when there are genuine suspicions of criminal involvement
POLICE AUTHORITY MOBILE PHONE SEARCH CRIMINAL PROCEDURE CODE COMMUNICATIONS AND MULTIMEDIA ACT MALAYSIAN LAW
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