Malaysian police do have the power to check mobile phones under certain circumstances, but this authority is subject to legal guidelines to prevent abuse.
Here’s an explainer on when and how police officers can inspect your phone, what the law says, and what you should do if faced with such a situation.
Police powers to check phones – What does the Law say?
The Police Act 1967, Criminal Procedure Code (CPC), and Communications and Multimedia Act 1998 (CMA) are the main laws governing police conduct in Malaysia. However, none of these laws give police the power to randomly check mobile phones without valid grounds.
Instead, the police can only inspect a phone in situations where:
• They have a warrant issued by a magistrate.
• They have reasonable suspicion that the phone contains evidence related to a crime.
The Police Act 1967 & Criminal Procedure Code
The Police Act 1967 outlines the general powers of the police to maintain public order and investigate crimes. The CPC, meanwhile, provides the legal framework for search and seizure.
Under Section 116 of the CPC, police can seize items, including mobile phones, if they believe the device contains evidence related to an ongoing investigation.
Can police inspect your phone without a Warrant?
In 2021, the Federal Court ruled that police cannot conduct random checks on mobile phones without legal grounds.
Police need to show they are:
1. Investigating a specific crime.
2. Acting on reasonable suspicion.
3. In possession of a warrant.
In the absence of these, you can politely refuse if a police officer asks to inspect your phone.
When police can check your phone
Scenarios
With a warrant
Suspected of a crime
Random Spot checks
Traffic Offence
Preventive detention
Yes
Yes
No
No
Yes
The CMA 1998 criminalizes the sharing of false, obscene, or offensive content. If police believe a phone contains such content, they can conduct a search as part of their investigation.
This includes cases of spreading fake news, obscene videos, or seditious materials.
Police guidelines issued in 2022
In 2022, Bukit Aman issued new guidelines stating that police officers must:
> Identify themselves.
> Provide a valid reason for wanting to inspect a phone.
These guidelines are meant to prevent random checks and ensure respect for personal privacy.
What should you do if police ask to check your phone?
If a police officer requests to check your phone, here’s what you can do:
1. Ask for their identification.
2. Ask why they want to inspect your phone.
3. Ask if they have a warrant.
If they fail to provide a valid reason or a warrant, you are within your rights to refuse politely.
Your rights are protected by law
While the police have powers to investigate crimes, they cannot randomly check phones without legal justification. If you believe your rights have been violated, you can lodge a complaint with the Police Integrity and Standard Compliance Department (JIPS) or SUHAKAM. – January 14, 2025.
