Authority to Check Mobile Phones
Police Powers and Legal Provisions
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. This is stipulated under Section 23 (1) of the Criminal Procedure Code, to ensure the absence of obscene or offensive content and threatening communication.
Legal Framework
Inspector-General of Police Tan Sri Razarudin Husain explained that the police’s authority to check mobile phones is 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.
Who Can Conduct Checks
However, Razarudin explained that only police officers with a rank of Inspector or higher are authorised to conduct checks on mobile phones. This is to ensure that only qualified officers are responsible for handling sensitive information and conducting thorough inspections.
When Can Checks Be Conducted
According to Razarudin, checks can be conducted during roadblocks, if a police report has been filed against an individual, if an individual is under investigation, or if there are suspicions about their involvement in criminal activities.
Conduct of Checks
Razarudin emphasized that checks must be carried out prudently and in line with existing legal provisions, not arbitrarily or without reasonable cause. He also highlighted that search without a warrant can 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.
Consequences of Non-Cooperation
Failure to cooperate with a police officer conducting a mobile phone check can result in an arrest for obstructing the police from carrying out their duties. Razarudin warned that 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.
Conclusion
In conclusion, the police have the authority to check a person’s mobile phone if there is suspicion or information suggesting they have committed a crime. This authority is based on legal provisions and is necessary to ensure the absence of obscene or offensive content and threatening communication. The police must conduct checks prudently and in line with existing legal provisions to ensure the effectiveness and fairness of their investigations.
FAQs
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Q: Who can conduct checks on mobile phones?
A: Only police officers with a rank of Inspector or higher are authorised to conduct checks on mobile phones. -
Q: When can checks be conducted?
A: Checks can be conducted during roadblocks, if a police report has been filed against an individual, if an individual is under investigation, or if there are suspicions about their involvement in criminal activities. -
Q: What are the consequences of non-cooperation?
A: Failure to cooperate with a police officer conducting a mobile phone check can result in an arrest for obstructing the police from carrying out their duties. - Q: What is the purpose of seizing a mobile phone?
A: 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.