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If You Are Stopped on the Street
If stopped by police:
✔ If not in uniform, ask to see their Police ID card (Kad Kuasa). Take note their name, rank, ID number and their vehicle registration number
✔ Ask if you are being detained – If not, you can leave.
✔ Ask why you have been stopped and request a record of the search.
You can be stopped and searched if police suspect you have:
- Controlled drugs
- A weapon or firearm
- A sharp object
- Stolen goods
Important:
✔ Police must provide a record of the search.
✔ DO NOT physically resist a search, even if you believe it is unlawful. Resisting arrest can lead to serious criminal charges. Instead, challenge the search legally afterward
- Turning on your car lights during the police search helps ensure clear visibility and smooth communication.
If You Are Taken to a Police Station
You ALWAYS have the right to:
✔ Be treated humanely and with respect.
✔ See the official rules on detainee rights.
✔ Speak to the custody officer, who oversees your welfare.
✔ Know why you are under arrest.
✔ Have a responsible adult present if you are under 18 or vulnerable.
You ALSO have the right to (except in rare cases ):
✔ Have someone informed of your arrest.
✔ Consult a lawyer privately.
✔ Request medical attention if unwell.
✔ Inform the police officers if you are on prescribed medication and request access to it.
Key Tips in Custody:
- Stay calm – police may try to keep you isolated to pressure you.
- The police can only hold you for a limited time and must present you before a magistrate (normally 24 hours, extendable to 14 days or more for non-Malaysian for immigration offences)
- Check the time of your arrest is correctly recorded.
- If you are denied your medication or phone calls for family, friend and lawyer, you may inform the magistrate if a remand application is made by the investigating officer.
Police Searches of Your Home
The Police Can Search Your Home If:
✔ You give consent.
✔ They have a warrant from a magistrate.
✔ They are searching communal areas (if you live in shared housing)
✔ Without a warrant in urgent situations, if a police not lower than the rank of inspector such as:
- Suspected of a criminal offences such as a drug offence
- Searching for evidence.
- Capturing an escaped prisoner.
- Preventing serious harm or damage.
Your Rights During a Home Search:
✔ You are entitled to see a copy of the warrant.
✔ Police can use force if there is resistance or obstruction to discharge their public duty
✔ Police must provide information on their search powers.
✔ A record of the search must be kept. A search list will be provided if items are seized
✔ You or a friend should be allowed to be present to witness the search
Police Phone Checks & Digital Privacy
In an era where personal data is stored on our phones, it’s important to understand your rights when the police request or attempt to check your device.
Can the Police Check Your Phone?
With Your Consent – You can voluntarily allow the police to check your phone, but you are NOT legally required to do so in most cases.
Without Consent – In many situations, police officer not lower than the rank of inspector may search your phone without a warrant if you are suspected of committing an offence
When Can the Police Search Your Phone?
With a Search Warrant – The police need a warrant issued by a judge to access the data on your phone unless specific exceptions apply.
Following an Arrest – In some cases, the police (rank not lower than inspector) may have limited powers to examine your phone if they believe it contains evidence related to an offense.
Under Special Powers – In certain terrorism or national security investigations, police may have broader powers to demand access.
What to do if the police want to check your phone?
- Request to see their authority card or kad kuasa for verification;
• Take note of their name, rank, and service ID number;
• Take note of their vehicle registration number;
• Ask for the reasons why they want to check your phone; and
• Ask whether you are being investigated or suspected of committing any crimes.
What to do if you are unsure of what to do?
- Call a lawyer for advice
How to Protect Your Digital Privacy?
Use Strong Security – Enable PIN codes, encryption, or biometric security (fingerprint/face ID).
Do Not Consent Without a Warrant – Politely ask if they have a legal basis for the search.
Seek Legal Advice – If in doubt, ask for a lawyer before handing over your phone.
When the Police Get It Wrong
If you believe the police acted unlawfully:
✔ Get witness names and contact details.
✔ Write down everything while fresh in your memory.
✔ Take photos of injuries, damaged property, or any evidence.
✔ Seek Independent Police Conduct Commission (IPCC),
legal advice or report to the Enforcement Agency Integrity Commission (EAIC) or SUHAKAM or IPCC or Police Integrity
JIPS – check out the app https://www.rmp.gov.my/infor-korporate/jabatan—jabatan/jabatan-integriti-dan-pematuhan-standard-(jips)
Final Thoughts
🔹 Stay informed about your rights – it helps you make the best decisions if you encounter law enforcement.
🔹 Always ask for a lawyer – it is free, and it protects you. If you do not have your own lawyer, there will be lawyers from the National Legal Aid Foundation (YBGK) that will act for you during arrest, remand, bail/mitigation in court. Their service is free of charge and they can be contacted at : 1800-88-9245
🔹 Do not panic – keep calm, document everything, and you may challenge police misconduct legally afterwards.
