PDRM Authorised to Inspect Mobile Phones Without Warrant on Suspicion of Criminal Activity

If you’ve ever wondered if the police can check your phone, the answer is yes, they can, and no warrant is needed. However, two main factors can justify this action.

One is that the phone check can only be done if there is suspicion or information suggesting a crime has been committed, and secondly, it can only be done by a police officer ranked Inspector or higher.

Image Credit: The Edge Malaysia

According to Inspector-General of Police Tan Sri Razarudin Husain, this authorisation is stipulated under Section 23 (1) of the Criminal Procedure Code, which is to ensure the absence of obscene or offensive content and threatening communication.

As reported in BERNAMA, he said it's 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.”

Image Credit: Astro Awani

Razarudin also added that Section 292 of the Penal Code can be used when checking mobile phones. If obscene materials are found during 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 added.

The same goes for online gambling apps on someone's phone, which is also a crime that can lead to arrest without a warrant under the Common Gaming Houses Act 1953.

Featured Image Credit: The Vibes, The Edge Malaysia