Although the Inspector-General of Police said police is empowered to stop and inspect handphones of citizens but there are conditions that police needs to comply before such inspections could be allowed. Not all police officers are empowered to inspect handphones in public places and in homes of citizens.

It has to be noted that there is no rule to allow police to conduct random inspection of people’s handphones. Randoms checks could give rise to abuse by police officers. It is encroachment to privacy. Random checks of handphones in search of information and evidence can cause persons being stopped for search to be conducted to miss a flight or a business or even miss an interview for a job opportunity.

The Inspector-General mentioned that police could under section 23(1) Criminal Procedure Code, stop and search motorists of their handphones if there is a reasonable suspicion or complaint that a sizeable crime been committed.

Public needs to know not all crimes are sizeable offences under the law. The issue is who determines that there was a reasonable suspicion or complaint that a crime been committed? What is meant by “reasonable suspicion”? How much is the suspicion that could be meant as “reasonable suspicion”? Police could not be judge, prosecutor and executioner at the same time to determine what amounts to reasonable suspicion and that he determines whether or not there was a suspicion for him to ask you to produce your hand pone for inspection. It could be at the time of inspection he did not receive information of any crime at all.

The law does not give a blank cheque to police officers to determine what amounts to reasonable suspicion. There are limits to all powers given by the law to any officials.

Members of the public are urged not to be intimidated by police officers and if you are being intimidated or being wrongly handled, please seek professional advice.

VOON LEE SHAN
President, Parti Bumi Kenyalang
16 January 2025