Cops can't check phones without valid reason, home minister says
Published: Jan 19, 2025 8:13 PM
Summary
- Home Minister Saifuddin Nasution Ismail says police cannot conduct random phone checks without valid reasons.
- This comes after the police chief said such checks require reasonable suspicion, and a warrant can be skipped if applying for one would compromise investigations.
- Saifuddin urged the police chief to engage with Suhakam to clarify police powers and educate the public on their rights.
Home Minister Saifuddin Nasution Ismail today denied that the police have the authority to check the phones of any person without a valid reason.
The police cannot be seen as an enforcement agency that acts outside the law, he told a press conference at the Asia International Security Summit and Expo 2025 in Putrajaya.
“They can look at any Tom, Dick and Harry, and if they feel like taking the phone, they just do it… no. We do not act like that.
“When a decision has been made for a check to be done, there must be a basis to it,” he said.
Home Minister Saifuddin Nasution Ismail
He was referring to a Jan 14 statement by Inspector-General of Police (IGP) Razarudin Husain, who said the police have the authority to check a person’s mobile phone based on reasonable suspicion.
A search can be conducted without a warrant if the officer believes that the delay in procuring a warrant could compromise the investigation, the IGP added.
Earlier today, Suhakam urged the public to send in complaints if they are subjected to random phone checks by the police as they are only allowed to do so under specific circumstances.
Responding to that, Saifuddin said he had asked Razarudin to discuss the matter with Suhakam.
A search can be conducted without a warrant if the officer believes that the delay in procuring a warrant could compromise the investigation, the IGP added.
Earlier today, Suhakam urged the public to send in complaints if they are subjected to random phone checks by the police as they are only allowed to do so under specific circumstances.
Responding to that, Saifuddin said he had asked Razarudin to discuss the matter with Suhakam.
IGP Razarudin Husain
The minister said that the rights commission must understand the context of police duties as there were many perspectives on the issue.
“That’s why I say that in this kind of situation, the most wise and prudent way is for me to ask the IGP to sit down, discuss, and explain first.
“And I’m sure Suhakam can help the community, to educate the community,” Saifuddin added.
The minister said that the rights commission must understand the context of police duties as there were many perspectives on the issue.
“That’s why I say that in this kind of situation, the most wise and prudent way is for me to ask the IGP to sit down, discuss, and explain first.
“And I’m sure Suhakam can help the community, to educate the community,” Saifuddin added.
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