Kuala Lumpur: The police have the authority to check a person’s mobile phone if there is suspicion or information suggesting they have committed a crime.
Inspector-General of Police Tan Sri Razarudin Husain said that this is stipulated under Section 23 (1) of the Criminal Procedure Code, to ensure the absence of obscene or offensive content and threatening communication.
He said that it is also based on provisions under Section 233 of the Communications and Multimedia Act (AKM) 1998.
“Section 249 of the AKM 1998 authorises access to computerised data, including mobile phones, while Section 116B of the Criminal Procedure Code grants access to mobile phones, which are regarded as computerised data, when a person is suspected of committing a crime,” he said when contacted.
However, Razarudin explained that only police officers with a rank of Inspector or higher are authorised to conduct checks on mobile phones.
He said this in response to a viral video showing an individual questioning the police's actions in arresting a person and checking their mobile phone.
According to Razarudin, Section 20(g) of the Police Act authorises police officers to require a person to display information upon request.
“In addition, Section 292 of the Penal Code can be used when checking mobile phones. If obscene materials are found during the inspection, it constitutes an offence that could lead to an arrest without a warrant.
“Therefore, no party can question the authority to check mobile phones during roadblocks, but it must be carried out prudently and in line with existing legal provisions, not arbitrarily or without reasonable cause,” he said.
Razarudin stated that the same applies if an online gambling application is found on a person’s mobile phone, as it constitutes a criminal offence that could lead to an arrest without a warrant under the Open Gambling Houses Act 1953.
He said that a search without a warrant could be conducted if the officer has reasonable grounds to believe that delaying the acquisition of a warrant might compromise the investigation, particularly if it could lead to evidence being damaged or destroyed by the owner.
“In such cases, the police can seize the phone for later inspection, and failure to cooperate could result in an arrest for obstructing the police from carrying out their duties.
“Mobile phones taken from the public must be for the purpose of a relevant investigation or if there is suspicion that someone has committed an offence,” he said.
He clarified that the police were authorised to check a person’s mobile phone if there was a police report filed against them, if they were under investigation, or if there were suspicions about their involvement in criminal activities.
