NOT UNDER ARREST

A Tactical Guide to Asserting Your Rights During Police Stops in Malaysia.

An Infographic By

Raul Lee Bhaskaran, Advocates & Solicitors Logo

The #1 Question: Can Police Check Your Phone?

Your phone is your private life. Accessing it is a digital search. Police cannot do it randomly.

They CANNOT check if:

  • It's a random stop.
  • They have no warrant.
  • They don't state a valid reason.

They CAN check if:

  • They have a search warrant.
  • An officer (Inspector rank or above) has reasonable suspicion your phone has evidence of a crime (under S.116A CPC).

Key takeaway: You are entitled to ask for the basis of their request.

The Most Important Question You Can Ask

"Am I under arrest, or am I free to go?"

This question clarifies your legal status and determines your next move. It is your right to ask.

Your Journey During a Police Stop

1

THE STOP: Initial Questioning

An officer approaches and begins asking questions.

Your Action:

Stay calm. Be polite. You have the right to remain silent if you fear an answer might incriminate you (S.112 CPC).

2

THE REQUEST: Phone or IC

The officer asks to see your phone or holds onto your IC.

Your Action:

Politely ask for the reason. "May I know under what authority you're asking for my phone, officer?" Refusing to provide your password is not obstruction.

3

THE INVITATION: "Follow me to the station"

You are asked to go to the police station without being told you're arrested.

Your Action:

This is the moment to ask the critical question: "Am I under arrest, or am I free to go?" If you are not under arrest, you are not legally obligated to go.

4

THE GREY AREA: Constructive Arrest

This occurs if you are not formally arrested, but you are not free to leave (e.g., they keep your IC, block your path). Your body tells you, "I can't leave."

Your Rights Activate:

The law treats this as an arrest. You gain the right to remain silent, the right to contact a lawyer, and the right to inform a family member.

5

THE LINE: Formal Arrest

The officer explicitly states, "You are under arrest."

Your Full Rights Apply:

  • You must be told the reason for your arrest.
  • You have the right to legal counsel (a lawyer).
  • You must be brought before a Magistrate within 24 hours if not released.

Myths vs. Facts

MYTH:

"If I don't unlock my phone, I'll be charged with obstruction."

FACT:

Exercising your right to silence under S.112 CPC is not obstruction. The High Court has confirmed this. Obstruction requires active interference, not passive refusal.

MYTH:

"If police are holding my IC, I have to follow them anywhere."

FACT:

Your freedom of movement remains unless you are lawfully arrested. Holding your IC without arresting you can amount to constructive arrest, which activates your legal rights.