Extracted from the Bar Council Redbook pamphlet
7. BODY SEARCH WITHOUT ARREST
7.1 When can this be done
If you are at a place (example: disco/karaoke/entertainment outlet) where the Police are conducting a raid to look for something there (example: drugs), the Police may detain and search you if they think you have or are hiding the thing being searched for.
This may only be done in the presence of a Police Officer ranked Inspector and above.
7.2 What to do
• Do not allow the Police officer to put his hands into your clothes or pockets.
• If you are asked to take out your belongings one by one, each time, say "Purse", "keys", "ID card" etc.
• When your pockets/bags are empty, turn your pockets / bags inside out
7.3 Your rights
• All body searches must be carried out in a professional manner and with decency.
• A female can only be body searched by a female Police Officer.
• If you are forced/threatened to strip naked:
1. Protest
2. Remember the Police Officer's name.
3. Lodge a Police report after the incident.
8. BODY SEARCH UPON ARREST
8.1 When Police can do so
• The Police reasonably suspect that you have evidence relating to a suspected offence.
• You are arrested.
• The body search must be conducted in a confined place. It is your right to be bodily searched in private.
8.2 Types of Body search
The law allows the Police to conduct 4 types of body search:-
1. Pat down search - act of searching outer clothing.
2. Strip search - to search for concealed evidence, object, contraband or weapon. May only be conducted with the authorisation of an officer ranked Inspector and above.
3. Intimate search - to search beyond the mouth, nose and ears. May only be conducted with the authorisation of an officer ranked Assistant Superintendent (ASP) and above.
4. Intrusive search - to determine the existence of objects etc in the body. May only be conducted with the authorisation of the Officer in charge of the Police District (OCPD). Must be conducted by a Government Medical Officer or Medical Officer.
8.3 Your rights
• All body searches must be carried out in a professional manner and with decency.
• It is advisable to request that you be accompanied by your lawyer for the search.
• A female can only be body searched by a female Police Officer.
9. QUESTIONING BY POLICE AFTER ARREST
9.1 Identity of the Police Officer questioning you
Note the name /rank of the Police Officer questioning you.
9.2 Right to remain silent
The Police Officer will first make friendly conversation/talk (example: ask you about your family and friends etc). You are only obliged to give your full name, age, address and occupation (Personal Particulars).
Other than giving your Personal Particulars, you have the right to remain silent. Be polite. Do not be afraid to remain silent. This is your right. If you choose the right to remain silent, say: "I would like to exercise my right to silence".
9.3 112 Statement by you during investigation
The Police Officer will ask you questions and then write down your answers. The Police cannot threaten or force you into making a Statement. If you have been threatened, beaten or forced, lodge a police report against the Police Officer at first opportunity. This is your right.
9.4 112 Statement is not to be used as evidence
Generally, any Statement you make to the Police during investigations cannot be used as evidence except if you being charged for offences under, for example, the Dangerous Drugs Act, the Kidnapping Act and the Internal Security Act. But you may use the Statement to support your defence during your trial.
[Disclaimer : Contents of this blogpost is reproduced in-toto from The Malaysian Bar red book pamphlet. Please click on the following shortcut link to read the original red book pamphlet in totality. The following are the contact details of the nearest Legal Aid Centres for Peninsular Malaysia:-
PUSAT BANTUAN GUAMAN / LEGAL AID CENTRES (LAC)
• Kuala Lumpur : 03-2691 3005 / 03-2693 2072
• Selangor : 03-5510 7007
• Negeri Sembilan : 06-6013 844
• Melaka : 06-2845 519 / 06-2864 514
• Johor : 07-2235 698
• Perak : 05-2550 523
• Kedah & Perlis : 04-7333 467
• Kelantan : 04-7448 660
• Pahang : 09-5159 244 / 09-2969 410
• PulauPinang : 04-2617 451 / 04-3316 830]
7.1 When can this be done
If you are at a place (example: disco/karaoke/entertainment outlet) where the Police are conducting a raid to look for something there (example: drugs), the Police may detain and search you if they think you have or are hiding the thing being searched for.
This may only be done in the presence of a Police Officer ranked Inspector and above.
7.2 What to do
• Do not allow the Police officer to put his hands into your clothes or pockets.
• If you are asked to take out your belongings one by one, each time, say "Purse", "keys", "ID card" etc.
• When your pockets/bags are empty, turn your pockets / bags inside out
7.3 Your rights
• All body searches must be carried out in a professional manner and with decency.
• A female can only be body searched by a female Police Officer.
• If you are forced/threatened to strip naked:
1. Protest
2. Remember the Police Officer's name.
3. Lodge a Police report after the incident.
8. BODY SEARCH UPON ARREST
8.1 When Police can do so
• The Police reasonably suspect that you have evidence relating to a suspected offence.
• You are arrested.
• The body search must be conducted in a confined place. It is your right to be bodily searched in private.
8.2 Types of Body search
The law allows the Police to conduct 4 types of body search:-
1. Pat down search - act of searching outer clothing.
2. Strip search - to search for concealed evidence, object, contraband or weapon. May only be conducted with the authorisation of an officer ranked Inspector and above.
3. Intimate search - to search beyond the mouth, nose and ears. May only be conducted with the authorisation of an officer ranked Assistant Superintendent (ASP) and above.
4. Intrusive search - to determine the existence of objects etc in the body. May only be conducted with the authorisation of the Officer in charge of the Police District (OCPD). Must be conducted by a Government Medical Officer or Medical Officer.
8.3 Your rights
• All body searches must be carried out in a professional manner and with decency.
• It is advisable to request that you be accompanied by your lawyer for the search.
• A female can only be body searched by a female Police Officer.
9. QUESTIONING BY POLICE AFTER ARREST
9.1 Identity of the Police Officer questioning you
Note the name /rank of the Police Officer questioning you.
9.2 Right to remain silent
The Police Officer will first make friendly conversation/talk (example: ask you about your family and friends etc). You are only obliged to give your full name, age, address and occupation (Personal Particulars).
Other than giving your Personal Particulars, you have the right to remain silent. Be polite. Do not be afraid to remain silent. This is your right. If you choose the right to remain silent, say: "I would like to exercise my right to silence".
9.3 112 Statement by you during investigation
The Police Officer will ask you questions and then write down your answers. The Police cannot threaten or force you into making a Statement. If you have been threatened, beaten or forced, lodge a police report against the Police Officer at first opportunity. This is your right.
9.4 112 Statement is not to be used as evidence
Generally, any Statement you make to the Police during investigations cannot be used as evidence except if you being charged for offences under, for example, the Dangerous Drugs Act, the Kidnapping Act and the Internal Security Act. But you may use the Statement to support your defence during your trial.
[Disclaimer : Contents of this blogpost is reproduced in-toto from The Malaysian Bar red book pamphlet. Please click on the following shortcut link to read the original red book pamphlet in totality. The following are the contact details of the nearest Legal Aid Centres for Peninsular Malaysia:-
PUSAT BANTUAN GUAMAN / LEGAL AID CENTRES (LAC)
• Kuala Lumpur : 03-2691 3005 / 03-2693 2072
• Selangor : 03-5510 7007
• Negeri Sembilan : 06-6013 844
• Melaka : 06-2845 519 / 06-2864 514
• Johor : 07-2235 698
• Perak : 05-2550 523
• Kedah & Perlis : 04-7333 467
• Kelantan : 04-7448 660
• Pahang : 09-5159 244 / 09-2969 410
• PulauPinang : 04-2617 451 / 04-3316 830]
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