The police are allowed to check a person’s phone if there’s suspicion or info about someone being involved in a crime, as reported by BERNAMA.
Responding to a viral video where someone questioned the police for detaining a person and checking their phone, Inspector-General of Police Tan Sri Razarudin Husain said it’s allowed under Section 233 of the Communications and Multimedia Act (CMA) 1998.
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Only inspectors or higher-ranked police officers can inspect phones
Razarudin explained that this is under Section 23(1) of the Criminal Procedure Code, which ensures no obscene, offensive, threatening, or intimidating content in communications. However, only police officers with the rank of Inspector or higher can conduct these inspections.
“Section 249 of the CMA grants the authority permission to access computer data, including mobile phones, and Section 116B of the Criminal Procedure Code provides the power to access mobile phones, which are also defined as computer data, during an investigation of someone suspected of committing any criminal offence.”
He also pointed out that Section 20(g) of the Police Act allows police officers to ask someone to show information when requested.
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Phone inspections must be based on reasonable grounds
In light of this, no one can question the police’s authority to check phones during roadblocks, but it must be done responsibly and in line with existing legal provisions, not arbitrarily or without reasonable grounds.
“In addition, Section 292 of the Penal Code can be applied during mobile phone inspections if obscene materials are discovered, as it constitutes an offence that can result in arrest without a warrant,” Razarudin added.
The same goes for online gambling apps on someone’s phone, which is also a crime that can lead to arrest without a warrant under the Common Gaming Houses Act 1953.
Inspector-general of police, tan sri razarudin husain
Police can conduct searches without a warrant
Razaruddin explained that police can conduct searches without a warrant if they believe waiting for one could mess up the investigation, such as evidence being tampered with or destroyed by the owner.
He also emphasised that the police have the right to check someone’s phone if there’s a police report against them, an ongoing investigation, or suspicion of criminal activity.
“In those cases, the police can take the phone first and check it later. If someone refuses to cooperate, they could be detained for obstructing police duties. Phones taken from the public should only be for investigations tied to a specific case or if the police suspect the person of committing a crime,” he said.
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