Malaysia: Police Can Only Check Phones If Linked to Criminal Suspicion, Lawyers Clarify

Kuala Lumpur, January 15 – The public has been reminded that police are only permitted to inspect mobile phones under specific circumstances, primarily when there is reasonable suspicion of a crime and evidence suggests the phone is linked to the alleged offense.

Prominent lawyer Mohamed Haniff Khatri Abdulla explained that random phone checks or inspections during roadblocks without clear criminal suspicion are not legally justified.

Key Points on Phone Inspections

1. Reasonable Suspicion Required:

   • Police must have valid grounds to suspect that a person has committed a crime and that the mobile phone is involved in the alleged offense.

2. Random Checks Prohibited:

   • Phone checks during routine operations, such as roadblocks, without specific suspicion, are not allowed under the law.
   • “If police randomly check phones during unrelated operations, it is not permissible,” Mohamed Haniff emphasized.

Clarification from the IGP

Inspector-General of Police Tan Sri Razarudin Husain stated that officers are authorized to check phones if they suspect the device contains material related to offenses such as:

• Obscene content
• Defamatory materials
• Threats or harassment

He cited the Penal Code, Criminal Procedure Code, Communications and Multimedia Act, and Police Act to justify such actions.

Lawyers’ Concerns

The statement from the IGP has drawn criticism from rights groups like Lawyers for Liberty (LFL), who argue that it infringes on public freedoms.

Mohamed Haniff further clarified:

• Police do not have absolute power to inspect phones arbitrarily.
• Inspections must align with legal procedures and respect constitutional rights.
• “The IGP’s comments are not entirely incorrect, but they create unnecessary fear among the public about their basic rights,” he said.

Public Rights and Awareness

Citizens are encouraged to understand their rights regarding phone inspections:

1. Police must provide justification if they demand to inspect your phone.
2. You can request clarification on the suspicion or offense being investigated.
3. Seek legal assistance if you believe your rights have been violated.

Conclusion

While law enforcement has certain powers, these are limited by legal safeguards designed to protect public freedoms. Transparency and proper procedures must be upheld to avoid misuse and maintain public trust.

Would you like more information on legal rights or guidelines for handling such situations? 😊