The writer states that police checks on people’s mobile phones must be targeted at specific individuals or those sought for within the ambit of a criminal investigation. - Bernama file pic, January 15, 2025
Unlawful for police to conduct mobile phone checks on the public – Lawyers for Liberty
Legal provisions only allow for checks within parameters of an ongoing investigation and where there is reasonable suspicion, and not as part of routine inspections during roadblocks
Updated 17 hours ago
15 January, 2025
9:00 PM MYT
WE refer to the statement made by Inspector-General of Police Tan Sri Razarudin Husain yesterday, in which he said that “no one can question the police’s authority to check a mobile phone during roadblocks”. This was in response to a recent viral video in which a concerned citizen voiced his dissatisfaction over random mobile phone checks by the police.
The IGP’s response is legally untenable, encourages unlawful acts by police personnel and poses a threat to civil liberties.
It is legally wrong to say no one can question the authority of the police in checking phones. The police cannot check the mobile phones of the public except in the course of an ongoing investigation or search.
Checks must be targeted at specific individuals connected or sought for within the ambit of a criminal investigation and there must be reasonable suspicion of their involvement.
The IGP cited Section 3(3) of the Police Act, Section 23(1) of the Criminal Procedure Code, Section 249 of the Communication and Multimedia Act 1998, Section 116B of the Criminal Procedure Code, Section 20(g) of the Police Act and Section 292 of the Penal Code to justify the police’s right to check a person’s mobile phone.
However, none of these provisions grant the police the right to check mobile phones of the public, save within the parameters of an ongoing investigation and where there is reasonable suspicion. In other words these sections do not authorise the police to check the mobile phones of whomever they please at roadblocks or elsewhere. Routine checks of mobile phones are prohibited by law.
Let us examine further the provisions of law relied on by the IGP.
Section 116B of the CPC stipulates that a police officer not below the rank of Inspector conducting a “search” may be given access to computerised data. This means that the right to access to public’s mobile phones applies solely when a legitimate “search” is conducted by the police, based on reasonable grounds to suspect criminal activity. The power is specific and very limited.
Section 249 of the Communication and Multimedia Act must be read in conjunction with Sections 247 and 248 of the Act, which allow the police to inspect a person’s mobile phone only during a “search” and only when “there is a reasonable cause to believe” that an offence under CMA has been committed. Therefore, mobile phone checks by the police unconnected with an ongoing “search” are not justified.
Section 3(3) and Section 20(3)(g) of the Police Act merely outlines the general duties and responsibilities of the police force. Neither of these provisions grants the police the right to conduct searches of the public’s phone. The powers conferred upon the police under these sections should not be abused or used indiscriminately against the general public.
Section 292 of the Penal Code defines the offence and prescribes the punishment for a person found in possession of lewd and obscene materials; whereas Section 23(1) of the Criminal Procedure Code outlines the circumstances under which the police may arrest a person without warrant.
However, neither Section 292 of the Penal Code nor Section 23(1) of the Criminal Procedure Code makes any reference to the police’s authority to search an individual’s mobile phone, as wrongly suggested by the IGP.
In conclusion, the laws cited by the IGP do not in any way support his claim that “ no one can question the police’s authority to check mobile phones at roadblocks”.
The police must act only within the powers granted to them by law. Otherwise their actions will be unlawful and subject to legal action or a claim in court for damages. The government cannot remain silent and must ensure the police act within the law.
Meanwhile, the public must be vigilant of their rights and are entitled to refuse to comply with unlawful demands by police personnel. – January 15, 2025
This statement by Lawyers for Liberty was written by its Public Defence Coordinator, Yu Ying Ying
Unlawful for police to conduct mobile phone checks on the public – Lawyers for Liberty
Legal provisions only allow for checks within parameters of an ongoing investigation and where there is reasonable suspicion, and not as part of routine inspections during roadblocks
Updated 17 hours ago
15 January, 2025
9:00 PM MYT
WE refer to the statement made by Inspector-General of Police Tan Sri Razarudin Husain yesterday, in which he said that “no one can question the police’s authority to check a mobile phone during roadblocks”. This was in response to a recent viral video in which a concerned citizen voiced his dissatisfaction over random mobile phone checks by the police.
The IGP’s response is legally untenable, encourages unlawful acts by police personnel and poses a threat to civil liberties.
It is legally wrong to say no one can question the authority of the police in checking phones. The police cannot check the mobile phones of the public except in the course of an ongoing investigation or search.
Checks must be targeted at specific individuals connected or sought for within the ambit of a criminal investigation and there must be reasonable suspicion of their involvement.
The IGP cited Section 3(3) of the Police Act, Section 23(1) of the Criminal Procedure Code, Section 249 of the Communication and Multimedia Act 1998, Section 116B of the Criminal Procedure Code, Section 20(g) of the Police Act and Section 292 of the Penal Code to justify the police’s right to check a person’s mobile phone.
However, none of these provisions grant the police the right to check mobile phones of the public, save within the parameters of an ongoing investigation and where there is reasonable suspicion. In other words these sections do not authorise the police to check the mobile phones of whomever they please at roadblocks or elsewhere. Routine checks of mobile phones are prohibited by law.
Let us examine further the provisions of law relied on by the IGP.
Section 116B of the CPC stipulates that a police officer not below the rank of Inspector conducting a “search” may be given access to computerised data. This means that the right to access to public’s mobile phones applies solely when a legitimate “search” is conducted by the police, based on reasonable grounds to suspect criminal activity. The power is specific and very limited.
Section 249 of the Communication and Multimedia Act must be read in conjunction with Sections 247 and 248 of the Act, which allow the police to inspect a person’s mobile phone only during a “search” and only when “there is a reasonable cause to believe” that an offence under CMA has been committed. Therefore, mobile phone checks by the police unconnected with an ongoing “search” are not justified.
Section 3(3) and Section 20(3)(g) of the Police Act merely outlines the general duties and responsibilities of the police force. Neither of these provisions grants the police the right to conduct searches of the public’s phone. The powers conferred upon the police under these sections should not be abused or used indiscriminately against the general public.
Section 292 of the Penal Code defines the offence and prescribes the punishment for a person found in possession of lewd and obscene materials; whereas Section 23(1) of the Criminal Procedure Code outlines the circumstances under which the police may arrest a person without warrant.
However, neither Section 292 of the Penal Code nor Section 23(1) of the Criminal Procedure Code makes any reference to the police’s authority to search an individual’s mobile phone, as wrongly suggested by the IGP.
In conclusion, the laws cited by the IGP do not in any way support his claim that “ no one can question the police’s authority to check mobile phones at roadblocks”.
The police must act only within the powers granted to them by law. Otherwise their actions will be unlawful and subject to legal action or a claim in court for damages. The government cannot remain silent and must ensure the police act within the law.
Meanwhile, the public must be vigilant of their rights and are entitled to refuse to comply with unlawful demands by police personnel. – January 15, 2025
This statement by Lawyers for Liberty was written by its Public Defence Coordinator, Yu Ying Ying
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kt comments:
Does this mean the IGP has been 'tembak-ing' on issue? 😂😁😅😆😊
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