GENERAL RULE: where no arrest has been made, the police have no right to search your body. You have the right to walk away. Any such body search without your consent is unlawful.
EXCEPTION: body search is allowed under 3 situations:-
i) Body search without arrest
S.17 CPC states that if you are found at a place e.g. karaoke, clubs, entertainment outlet where the police are conducting a lawful raid and looking for something such as drugs, the police may search your body or your bag without arresting you. This must be done in the presence of a police officer who is an inspector or of a higher rank. You may be lawfully detained until the search is completed.
What you should do:
- do not allow the police officer to put his hands into your pockets or bags
- volunteer to empty your pockets or bags in his presence so that you can see all your belongings
- take out your belonging one by one. Each time, say, “purse”, “keys” etc
- when your pockets or bags are empty, turn your pockets o bags inside out
If you are a female:
S.19(2) CPC:
- a female can only be body searched by a female police officer
- the body search must be carried out with strict regard to decency
ii) Body search with arrest
S.20 CPC states that the police have the right to search your body for any object relating to the suspected offence and detain any such object believed to be the instruments/fruits/evidence of the crime until your release.
S.21 CPC states that the police can take away any offensive weapon found on you.
You have the right to request for such body search to be conducted in a private or confined place.
iii) Body search while in lawful custody
S.22 CPC states that this is where you are in a lawful custody but you are unable to give a reasonable account of yourself due to intoxication, illness, mental disorder or infancy, a body search can be carried out for the sole purpose of ascertaining your name and address.
Is strip search legal in Malaysia?
S.20A CPC provides that any body search of a person shall comply with the procedure of search as specified in the Third Schedule of CPC. There are only four types of body search:
i) Body search without arrest
S.17 CPC states that if you are found at a place e.g. karaoke, clubs, entertainment outlet where the police are conducting a lawful raid and looking for something such as drugs, the police may search your body or your bag without arresting you. This must be done in the presence of a police officer who is an inspector or of a higher rank. You may be lawfully detained until the search is completed.
What you should do:
- do not allow the police officer to put his hands into your pockets or bags
- volunteer to empty your pockets or bags in his presence so that you can see all your belongings
- take out your belonging one by one. Each time, say, “purse”, “keys” etc
- when your pockets or bags are empty, turn your pockets o bags inside out
If you are a female:
S.19(2) CPC:
- a female can only be body searched by a female police officer
- the body search must be carried out with strict regard to decency
ii) Body search with arrest
S.20 CPC states that the police have the right to search your body for any object relating to the suspected offence and detain any such object believed to be the instruments/fruits/evidence of the crime until your release.
S.21 CPC states that the police can take away any offensive weapon found on you.
You have the right to request for such body search to be conducted in a private or confined place.
iii) Body search while in lawful custody
S.22 CPC states that this is where you are in a lawful custody but you are unable to give a reasonable account of yourself due to intoxication, illness, mental disorder or infancy, a body search can be carried out for the sole purpose of ascertaining your name and address.
Is strip search legal in Malaysia?
S.20A CPC provides that any body search of a person shall comply with the procedure of search as specified in the Third Schedule of CPC. There are only four types of body search:
(a) pat down search
(b) strip search
(c) intimate search
(d) intrusive search
The procedure of search must be complied strictly for each type of search. With regard to strip search, it can only be done where an arrest has been made and there is a reasonable suspicion that the person is concealing an object, evidence, contraband or weapon on him.
Take note that:
- the search shall be conducted in a private room out of the view of anyone outside the room and no recording or communication devices shall be allowed including phones and cameras.
- Only the officer conducting a search, the second officer and the arrested person shall be present in the private room
- The strip search does not require the arrested person to remove all his/her clothes at the same time
- Therefore, the search shall be divided into upper part and lower part.
- A male person shall be allowed to put on his shirt before removing his trousers
- A female person shall be allowed to put on her blouse and upper garments before removing her pants or skirt
IMPORTANT ADVICE: Should you find that the police officer abuses his power such as use force or threat, remember to take note of his ID or name and lodge a report immediately after the incident.
© 2008 Edwin Lee
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