PETALING JAYA: While the police do have the authority to inspect handphones, it cannot be conducted arbitrarily and must be grounded in specific justifications, according to criminal law experts.
Lawyer Syahredzan Johan emphasised that police powers to access personal devices are restricted to certain defined circumstances, ensuring that such checks are not performed without valid reasons.
“The police cannot demand an individual to hand over their handphone simply to browse through it.
“They can only do so if the person is suspected of committing a crime or is under investigation,” he said.
Syahredzan, the Bangi MP, further explained that the police have the authority to examine a person’s handphone only if the individual has been arrested on suspicion of a crime.
“If one is not arrested or under suspicion of committing a crime, the police cannot check the handphone simply because they want to have a look at it. This is not allowed,” he said.
Syahredzan advised individuals stopped by the police and asked to hand over their phones to politely inquire about the specific offense they are suspected of committing.
“However, I advise against resisting if the police insist because it could lead to accusations of interfering with police duties.
“Instead, comply and file a report afterward,” he added.
The question of whether the police can randomly stop someone who has not committed any crime to check their handphone was recently brought to light in a viral video shared by a member of the public.
Following this, several netizens shared their experiences of having their handphones randomly checked at police roadblocks and in public areas.
Some of them reported that their private chats and photo galleries were examined during these checks.
Criminologist Datuk Dr P. Sundramoorthy from Universiti Sains Malaysia stated that the police generally do not have automatic or unrestricted authority to seize or check an individual’s phone without giving reasonable cause.
“The police may request access to a phone only if there is a valid reason, such as suspicion of criminal activity or when conducting an investigation under specific laws, such as the Criminal Procedure Code or the Communications and Multimedia Act,” said Sundramoorthy.
“However, this does not mean that they have carte blanche to search your mobile phone at any time.”
Sundramoorthy explained that the police can request to check a handphone only if they have reasonable suspicion that a crime has been committed or if it is part of a criminal investigation.
“Roadblocks, in themselves, do not grant the police the power to inspect personal items unless there is a justifiable reason tied to law enforcement objectives,” he added.
If a police officer demands access to a phone without a valid reason, Sundramoorthy said the individual can assert their right to remain silent or decline to comply.
“If in doubt, individuals are encouraged to remain calm and request clarification on the legal basis of the search, as well as whether they have the option to refuse,” he added.
Sundramoorthy noted that the random checking of a person’s handphone raises concerns about potential violations of the right to privacy.
Senior criminal lawyer Colin Arvind Andrew echoed this view, stating that the power to check a person’s handphone can only be exercised if there is suspicion of a crime or if the person is under investigation.
“If they are asked to hand over their phones for a check, members of the public can inquire about the reason for the request and whether they are being investigated or suspected of committing any offence,” said Andrew.
In 2019, the Home Ministry clarified that the police are not permitted to randomly check a person’s handphone.
They are only allowed to do so if the person is under investigation or suspected of committing a crime.
