Know Your Rights: A Malaysian Citizen’s Guide to Police Encounters

Introduction :

Picture this : it’s a quiet evening, and you’re heading home after a long day. Out of nowhere, flashing blue lights appear behind you. Your heart races. What do you do? Knowing your rights and responsibilities is your greatest tool.  

Content :

(i) When can the police stop you? 

The police can stop you for various reasons, for instance, to conduct roadblocks. Under s. 24(1) of the Police Act 1967, the police have the authority to stop and search your vehicle if they suspect illegal activity or if you have been arrested on suspicion of committing a crime. They can also, stop you to check your identification and driving licence under s. 58(2) of the Road Transport Act 1987 and they have the power to stop, detain, and arrest related to offences, including demanding driving licence production under s. 112 of the RTA 1987. 

(ii) Your rights during a police stop or search. 

You’re not powerless during an encounter. Here’s your arsenal: 

• Identification of police: If the police officer is not in uniform, you have the right to ask to see their police authority cards. The card colour indicates their status - 

• Blue: Inspector rank and above. 

• Yellow: Below inspector rank.

• White: Reserve police. 

• Red: Suspended office (has no authority and you can walk away). 

• Providing identification: You’re required to provide your name, NRIC number, and address. You must also produce your identification card and driving licence when requested and failure to do so can result in fines or arrest without a warrant under National Registration Act 1959 and its regulations particularly Regulation 7(1), and 25 of the National Registration Regulations 1990. 

• Answering questions: If the police asked questions beyond identification, you can politely ask, “Am I under arrest?”. If the answer is no, you may refuse to answer further questions and walk away. If the answer is yes, you will not be allowed to leave and the police will handcuff you to escort you back to the police station. You cannot be arrested if the police think you’re a potential witness and want to take a statement from you under s. 112 of the Criminal Procedure Code. 

• Right to remain silent: You have the right to remain silent beyond providing your personal particulars such as your name, NRIC number, and address. You may say, “I will answer in court” if you choose not to answer further questions. 

(iii) What to do if your rights are violated? 

• Stay calm and document everything: If you believe your rights are being violated, it’s important to stay calm and polite. First, take note of the police officer’s name, ranks, ID number, and the police vehicle registration number. If it’s possible, record the interaction using your phone or dashcam and extract the copy immediately, including time, place, and what was said or done by the police officer. 

• Know your rights and assert them: You have the right to ask if you’re under arrest. If the answer is no, you may politely refuse to answer further questions or leave. You’re only required to provide your name, NRIC number, and address, and produce your identification card and driving license when requested. Also, you have the right to remain silent beyond providing your personal particulars and to say, “I will answer in court”. Finally, if you are asked to give a 112 Statement (a police - recorded statement), you have the right to have a lawyer present and to refuse to answer questions that may incriminate you. 

• If you are detained or arrested unlawfully: Ask the police the reason for your arrest and which police station you’ll be taken to. An arrest is unlawful if you’re not informed of the reason. You should not resist arrest because additional force may be used by the police if you resist. Next, you have the right to make phone calls to your family, lawyer, or Legal Aid Centre immediately after arrest. If detained beyond 24 hours, the police must obtain a magistrate’s remand order; otherwise, the detention is unlawful. 

• File a complaint with relevant authorities: You can file a complaint against police misconduct or rights violations with the Enforcement Agency Integrity Commission (EAIC), which investigates complaints against enforcement officers including police. You can make complaints in person, via email, online, phone, or mail. Provide as much detail as possible, including names, dates, locations, and any evidence (photos, recordings, and witness contacts). Plus, your identity as a complainant will be protected by law, and authorised disclosure by EAIC officers is punishable by imprisonment or fine. 

(iv) Special situations. 

• Body search without arrest: At roadblocks, if police ask you to get down and conduct a body search, legally you’re considered under arrest for the search even if not formally told so. If you’re at a place, for instance, a club, karaoke, or entertainment outlet where the police are conducting a raid to search for something there such as dangerous drugs, the police may detain and search your body or bag without arresting you. This may only be done in the presence of a police officer ranked Inspector and above. Also, you are obligated to allow the police officer to put his/her hands into your pocket, clothes or bag, so, it’s advisable to do it voluntarily. 

• Vehicle search: The police can stop and search your vehicle without a warrant under s. 24(1) of the Police Act 1967 if they have reasonable grounds to suspect involvement in a crime. Further, under s. 24(4) of the PA 1967, if the police have reasonable grounds to suspect your vehicle has been used in a crime, they can detain it at the nearest police station for up to 48 hours pending investigation. 

Conclusion: 

Facing a police stop in Malaysia can be daunting, but knowing your rights turns uncertainty into confidence. The police have authority, but your rights to dignity, silence, legal counsel, and fair treatment must always be respected. Stay calm, be polite, and assert your rights clearly. With knowledge and composure, you can navigate any encounter fairly and safely. Remember, your rights are your best protection.

Veronica Angelin