M’sian Lawyer Shares That Police Cannot Go Through Your Phone Randomly or Without Reasonable Cause

Interactions with members of law enforcement can sometimes be an intimidating and downright unnerving exchange. In any situation, remaining cool, calm, and collected is the best route to go. But sometimes, arming oneself with valuable information can also make a remarkable difference.

A recent TikTok clip has been making waves online after a Malaysian lawyer and legal service provider named Sailaja Thirunawukarasan shared an interesting fact about interacting with police officers to her TikTok page @lawyersailaja. Enlightening users, Sailaja revealed that, as a general rule, members of the public are not obliged to allow policemen to check and go through their handphones.

Providing context behind her reasoning, Sailaja stated that the police are not allowed to go through one’s handphone randomly or without a reasonable excuse.

“However, they do have grounds to search through your handphone if there has been a police report made against you, if there is an investigation being carried out against you, or if the police suspect that you are involved in a crime,” said Sailaja in the TikTok video.

Nevertheless, Sailaja also stated that citizens are allowed to ask policemen for their authority cards and what the grounds are for the search to be made before handing over their handphones.

“If there is no reasonable cause, you do not need to give them your handphone. But, if you are forced to give your handphone to them, and you are not satisfied with their reasoning, you can file a police report against them,” said Sailaja in the video.

As another method to assist citizens, Sailaja stated that the person whose phone was inspected may also file a complaint to the Independent Police Conduct Commission (IPCC).

Providing clarification on the matter, Sailaja stated that Malaysians should not confuse this governmental office with the Enforcement Agency Integrity Commission (EAIC), where complaints on the misconduct of policemen were originally made prior to a change made as of 1 July 2023. From that point onwards, any complaints against the police force must be made to the IPCC.

“Don’t be afraid to make a police report or file a complaint to the IPCC, which is related to misconduct by the police, as this is part of your rights as a citizen of Malaysia,” said Sailaja at the end of her TikTok video.

Watch the full TikTok clip below:

@lawyersailaja

Boleh ke Polis check ‘Handphone’? Laporkan ‘Salah Laku Polis’ dengan segera kepada IPCC : Suruhanjaya Bebas Tatakelakuan Polis’ #peguam #undangundangmalaysia #jenayahmalaysia #salahlakupolis #polismalaysia #ipcc #handphone #checkphone

♬ original sound – BGM ? – BGM ?

In any circumstance which may catch you off guard, always remember that knowledge is power! 

Also read: M’sian Corporal Shares That You Don’t Need to Obey Police Officers Until They Show You Their Authority Cards