Your Fundamental Rights And What To Do If You’re Stopped By The Police

It’s important to know your fundamental rights when being stopped, questioned, or even arrested by the police.

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Most people tend to panic if they’re approached by an officer of the law, and this could make them fall into an even worse situation just because they don’t know what to say or ask.

It’s important to know your fundamental rights when being stopped, questioned, or even arrested by the police.

The Malaysian Bar Association has a handy document that lists scenarios with the police and what you can do to exercise your rights as a citizen.

1. When the police stops you

If the police is not in uniform, ask them to show their authority card.

The authority card comes in four different colours, which signify the current status and rank of the officer.

Blue – Rank of inspector and above.
Yellow – Below the rank of inspector.
White – Reserve police.
Red – Suspended police officer. They have no authority to do anything to you.

If the police is in uniform, note the name and ID number on their uniform.

Additionally, you should also note the number plate of the police car or motorcycle as well.

2. When the police questions you

If they ask for your identification, only give your name, NRIC number, and address and nothing more.

If the police asks other questions, politely ask them “am I under arrest?”.

You are arrested if the police answers “yes” to the question above, does not allow you to leave and wants to take you to the station, or handcuffs you.

If you’re not under arrest, you may walk away or refuse to follow them back to the police station or anywhere else, if asked to.

The police cannot arrest you just because you are a potential witness and want to take a statement from you (112 Statement / Witness Statement).

3. Questioning by the police without arrest

When the police are investigating a case and think you have information or knowledge about the case, they may examine you and take down your answers in a 112 statement.

Most times, the police will make an informal request that you give a 112 statement. Cooperate with them if the place and time is convenient to you. Otherwise, tell the police you will do so at a convenient place and time.

If you refuse to cooperate, the police may issue a formal order in writing signed by an investigating officer to compel you to cooperate. This is called a Police Order.

In giving a 112 Statement, you may choose to refuse to answer any question that could expose you to a criminal offence. This is basically the right to remain silent.

The Malaysian Bar Association also said in the document that you have the right to ask a lawyer to accompany you when giving a 112 Statement.

Some important things to take note of when giving a statement:

Bring along a notebook or writing paper with you to take down personal notes.
Write down every question asked.
Make sure you understand every question asked.
Take your time and think carefully before writing your answers in your personal notes.
Read your answers to the police officers questioning you.
Keep your personal notes for future reference.

Before signing your 112 Statement, read the questions and your answers written by the police officers carefully.

Then, compare the statement that you are asked to sign with your personal notes. You have the right to make any corrections or changes to your statement before signing it.

Finally, place your signature right below the last sentence of your statement.

4. When the police arrests you

When being arrested, ask why you’re being arrested. An arrest is unlawful if you are not informed of the reason.

Whatever you do, do not resist an arrest as the police have the right to use reasonable force to arrest you if you resist.

Next, ask the arresting police officer which station they’re taking you to. They must immediately take you to the nearest police station only, and not any other place.

When you’re under arrest, you have the right to make telephone calls.

You should make calls to your family, lawyer, or the Legal Aid Center and inform them of the following:

That you have been arrested.
The time, place, and reason of the arrest.
The ID of the arresting officer.
The police station you will be taken to.

After the arrest, you may be detained for up to 24 hours at the police station or in a lock up to assist in the police investigation.

5. Your rights during detention

While in custody of the police, you have the right to contact a lawyer and are entitled to state your wish to do so.

Once you request for the presence of a lawyer, you have the right to consult the lawyer at the police station and the police must provide you the facility and reasonable time for you to meet and consult the lawyer.

However, the police may deny you this right if the delay in questioning might cause the occurence of another crime or cause dangers to others.

In regard to your personal belongings, you’re allowed to have one set of clothing with you in the lock-up and the police must record and put all your personal belongings in safe custody. Upon your release, your personal belongings must be returned to you.

While in lock-up, you’re allowed to take a bath twice a day, and if you’re sick, you have the right to receive immediate medical attention.

The police may only detain you for up to 24 hours for investigation. The duty of the police is to complete investigations within 24 hours and to release you as soon as possible.

If the police cannot complete investigations within the stipulated time, they must bring you before a magistrate to obtain a Remand Order to extend your detention beyond 24 hours.

6. Remand order by a Magistrate

A Magistrate is a judicial officer with the power to make a Remand Order to detain you for more than 24 hours.

This is to give more time to the police to complete their investigations and to decide whether there is evidence to charge you for an offence.

The police cannot ask for a Remand Order only for the purpose of taking a statement from you.

When the police brings you before a Magistrate for a Remand Order, they must give reasons to the Magistrate on why it is necessary to detain you for more than 24 hours.

In any event, the Magistrate has the power to make a Remand Order of not more than 4 to 7 days, depending on the offence being investigated.

The police may return at this expiration of this time period and apply for a second remand order of not more than 3 to 7 days.

Before the Magistrate makes the Remand Order, you can ask for a shorter remand period than that asked for by the police.

Give reasons such as “I will cooperate with the police” or “I will be available and not run away”.

7. Body search without arrest

Credit: Polis Daerah Petaling Jaya/Facebook

If you find yourself in a place where the police are conducting a raid, they may detain and search your body and bag without arresting you.

It’s important to note that frisking or searching may only be done in the presence of a police officer who is ranked inspector and above.

During a body search, here’s what you need to know:

Do not allow the police officer to put their hands into your pocket or bag.
Clear your pockets and bag in front of the officer voluntarily so that you can monitor your belongings.
Take out your belongings one by one, and state each item you are taking out.
When your pockets and bags are empty, turn them inside out.

A woman can only be searched by a female police officer and all body searches has to be carried out in a professional manner and with decency. A search cannot be done on areas of your private parts.

Most importantly, there are no laws that compels an individual to strip completely naked.

8. Body search upon arrest

If you are being searched after being arrested, it must be conducted in a confined place. It is your right to have your body searched in private.

Even if you are under arrest, there is no law that allows the police to force you to strip in order to be searched.

If you are forced or threatened to strip naked by a police officer, you can protest against doing so, note down the name of the police officer and lodge a police report after the incident.

9. Questioning by police after being arrested

Just like before, note the name and rank of the police officer who is questioning you.

You do have the right to remain silent so you don’t have to answer every question the police officer asks you, or if they try to make small talk.

The police officer will ask you questions and write down your answers, though you are only obliged to give your full name, address, age, and occupation.

Other than giving your personal particulars, you have the right to remain silent and if you choose to do so, say “I will answer in court”.

The police are not authorised to compel you to make a 112 Statement. If you have been threatened, beaten, or forced to make a 112 Statement, lodge a police report against the police officer at the first opportunity.

10. Can the police search your car?

The police have the power under Section 24(1) of the Police Act 1967 to stop and search your car if they suspect you have done something illegal, if you are being investigated for a crime, or if you have been arrested on suspicion of committing a crime.

Here’s what to do if the police want to search your car:

Request to see their authority card or kad kuasa.
Take note of their name, rank, and service ID number.
Take note of their vehicle registration number.
Ask for the reason why they want to search your car.
Ask whether you are being investigated or suspected of committing any crimes.

11. Can the police search your mobile phone?

The police are allowed to check your phone but cannot do so without a valid reasonable cause.

If they do check your phone, they must suspect that you have done something illegal, you are being investigated for a crime, or have been arrested on suspicion of committing a crime.

Here is what you shoud do if the police want to check your phone:

Request to see their authority card or kad kuasa.
Take note of their name, rank, and service ID number.
Take note of their vehicle registration number.
Ask for the reasons they want to check your phone.
Ask if you’re being investigated or suspected of committing any crimes.

In conclusion, always stay calm and know your fundamental right to the liberty of movement if you were being stopped, arrested, detained, or even questioned by the police.

If you need legal aid in any of the matters above, contact the Legal Aid Center in your state.

Legal Aid Centres (Pusat Bantuan Guaman)