THE police have the authority to examine a person's mobile phone if there is suspicion or information suggesting they have committed a crime, reported Bernama.
Inspector-General of Police Tan Sri Razarudin Husain said this is permitted under Section 23(1) of the Criminal Procedure Code to ensure there is no obscene, offensive content or threatening communication.
He also cited Section 233 of the Communications and Multimedia Act (CMA) 1998 in support of this.
"Section 249 of the CMA 1998 authorises access to computerised data, including mobile phones, while Section 116B of the Criminal Procedure Code grants access to mobile phones when a person is suspected of committing a crime," he told Bernama.
Razarudin, however, said that only police officers with the rank of inspector or higher are authorised to conduct mobile phone checks.
He made these remarks in response to a viral video questioning the police's actions in arresting someone and inspecting their phone.
Razarudin also said that Section 292 of the Penal Code permits mobile phone checks, and if obscene material is found, it constitutes an offence and may lead to arrest without a warrant.
"Therefore, no one can question the authority to check mobile phones at roadblocks, but it must be done prudently and under the law, not arbitrarily or without reasonable cause," he said.
He also said that a search without a warrant could be conducted if the officer has reasonable grounds to believe delaying the acquisition of a warrant could compromise the investigation, such as by allowing evidence to be destroyed.
"In such cases, the police can seize the phone for later inspection, and failure to cooperate may result in arrest for obstructing the police," he added.
Razarudin said that mobile phones may only be seized for relevant investigations or if there is suspicion of an offence.
Police are authorised to check a person's mobile phone if there is a police report filed against them, if they are under investigation, or if there are suspicions of their involvement in criminal activities, he said. - January 14, 2025
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