In response to a viral video showing an individual questioning the police for arresting a person and checking his mobile phone, Razarudin said the Criminal Procedure Code, and the Communications and Multimedia Act give police the authority to check a person’s handphone.
However, Razarudin explained that only police officers with a rank of inspector or higher are authorised to do so.
In a Bernama report, Razarudin said Section 233 and Section 249 of the Communications and Multimedia Act authorise the police to access mobile phones. Section 20(g) of the Police Act also authorises police officers to instruct a person to display information upon request.
He said Section 116B of the Criminal Procedure Code grants police access to mobile phones when a person is suspected of committing a crime, while Section 23 (1) of the Criminal Procedure Code provides the police with the authority to check a person’s mobile phone to ensure it does not contain threatening communication or content deemed obscene or offensive.
“Therefore, no party should question the police’s authority to check mobile phones during roadblocks,” he said.
“(However), it must be carried out prudently and in line with existing legal provisions … not arbitrarily or without reasonable cause.”
Razarudin stated the same applies if an online gambling app is found on a person’s mobile phone as it constitutes a criminal offence that could lead to an arrest without a warrant under the Open Gambling Houses Act 1953.
He said a search without a warrant could 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.
“In such cases, the police can seize the phone for later inspection. Failure to cooperate could result in an arrest for obstructing the police from carrying out their duties,” he said.
“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.”
He clarified that the police were authorised to check a person’s mobile phone if there was a report filed against them, if they were under investigation or if there were suspicions about their involvement in criminal activities.