1. If heโs not in uniform, politely ask for identification.Every police officer has an authority card or also known as kad kuasa as proof that theyโre legitimate. Remember, itโs quite common for a police officer whoโs on duty on ground to be in plain clothes.If you need more clarification, ask them which balai polis theyโre from.2. If the card is red, the officer does not have any authority over you.
A red police authority card means that this officer is suspended and they do not have any rights to hold you.
Blue card: the officer holds an inspector rank or above
Yellow: below the rank of an inspector
White: reserve police.
Hereโs an example:
3. If the officer is uniformed, take note of his/her name and ID number.Every officer must have his name and ID number clearly shown.
4. Youโre not obligated to answer anything more than your name, ID card number, and home address.Unless the police is conducting an investigation on criminal activity that just happened in the area.
5. Youโll need to obey the officerโs instructions when heโs trying to carry out his duty
a) Police can arrest you without a warrant
Under the Police Act 1967, if you โobstruct, oppose or disobey any reasonable direction given by any police officer in the performance of his dutiesโ, you can be considered guilty of an offence and fined up to RM200 and/or go to jail for up to 3 months. So, just cooperate with the police and you can be on your way!
b) Police CAN search your car WITHOUT a warrant
Contrary to popular belief, the police actually can indeed search your vehicle and the persons inside it, even without a warrant โ as long as he has reasonable grounds for the search.
According to Section 24(1)(b) of the Police Act 1967, Any police officer mayโฆstop and search without warrant any vehicle or vessel which he has reasonable grounds for suspecting is being used in the commission of any offence against any law in forceโฆ
6. If youโre being arrested, ask โfor what chargeโ or โunder what Actโ.The police must have a reasonable ground to arrest you and you have the right to know. Hence, ask them what offence are you being arrested for.
7. If youโre unsure what circumstance youโre in, be sure to remain silent.You have the right to contact a lawyer after arrest, so never kick up a fuss or blurt out random words because the officer may just use them against you later. Even if the officer is trying to make small talk, e.g. ask about your family, you have the right to remain silent.
8. The police officer must immediately take you to the police station and no where else. During this time, be sure to ask the officer, โWhich police station are you taking me to?โ.
9. You have the right to make a phone call when youโre being arrested. Call your family, friend, lawyer, or the Legal Aid Centre (LAC) to inform:Youโve been arrested the time, place, and reason of arrest the identity of the police officer the police station you will be taken to
10. Rights after arrest and during detention: Youโre allowed to have one (1) set of clothing on you in the lock-up
Police must record all your personal belongings and put it in safe custody. All these items must be returned to you upon your release.
Youโre allowed to take baths two (2) times a day. You have the right to receive medical attention if youโre sick. You are to be given proper and adequate food and water during detention
11. You can only be detained for up to 24 hours for investigation. Itโs the policeโs duty to complete investigation within 24 hours and release you as soon as possible. If the police wants to hold you for more than 24 hours, they will have to bring you before a Magistrate for a remand order to extend your detention.
12. During raids, the police can search your body/bags without arrest. This must be done in the presence of a Police Officer who is an inspector or of a higher rank.
13. Do not allow any police officer to put his hands into your pockets or bags.Instead, you can volunteer to empty out your pockets/bags and flip it inside out to show itโs empty inside. Each time you take out an item, say, โPurseโ, โkeysโ, โID cardโ etc.
14. Body searches must be done with decency.Officers are not allowed to touch private parts nor are they able to force you to strip naked for a search. If an officer forces you to strip naked, protest, remember the officerโs name, and lodge a report against him.
15. Ladies CAN ONLY be searched by a female police officer.All searches are separated by gender and if a male officer insists to search your body, protest.
