Know your rights if police comes knocking

Everyday, we rely on the police to keep us safe and treat us all fairly, regardless of race, ethnicity, national origin or religion. When the police job is to combat crime and provide protection to the citizens of the country, they need to have and are granted certain powers under the law.And the most fundamental power given to them as police officers is the right to arrest.

Arrest means the “restraint of a man’s person, obliging him to be obedient to the law and defined to be the execution of the command of some court of record or officer of justice”.

There are fixed guidelines as well as fundamental liberties granted to us as citizens, which means that police officers are not allowed to abuse the power by simply arresting anyone they want.

Police officers are human too and to protect them and us from abuse, we need to be aware of the laws that govern their duties as members of the police force.

So what are the procedures when a police needs to arrest someone?

They require proper grounds to take someone into custody for them to be able to conduct further investigations and to strengthen their case over the accused or suspected offender.

An arrest has to be done in line with the law of Malaysia as stated in Article 5 of the Federal Constitution of Malaysia where no one is deprived of his/her life or personal liberty in accordance with the law.

If a complaint is made to a High court or any judge that the person is being unlawfully detained, the court shall inquire into the complaint and unless satisfied that the arrest is lawful, the court will order for his/her release.

When an arrest is being done, he/she will be informed of the grounds of his/her arrest and shall be allowed to consult and be defended by a legal practitioner of his choice.

This shows that personal freedom is part of a citizen’s fundamental liberties as stated in the Federal Constitution as the highest source of law in Malaysia.

However, Malaysia has its own Criminal Procedure Code (CPC) that is used to govern the arrest procedure as stated in the Laws of Malaysia Act 593, where a police officer is allowed to touch or confine the body of the arrested person unless he/she submits to the custody by word or action.
If the person being arrested forcibly resists or attempts to evade the arrest, then the police officer may use all means necessary to enforce the action.

Here are also some useful tips that civilians need to know to safeguard themselves from being wrongly detained or being scammed by police impostors.

These procedures apply to drivers and pedestrians alike.

In the event you are stopped by uniformed police officers while driving, simply stop the car and wind down your window.

When asked to produce your identification card (I/C) and license, you have the right to request to see their IDs first and when satisfied of their identity, ask if you are being summoned and for what offence.

In the event that the police officers ask you to follow them to the police station, ask if you are under arrest and for what offence. If you are not under arrest, you have the right to leave.

In the event you are stopped by persons you believe could be plain clothes police, do not stop because plain clothes police officers do not have the authority to stop you.

Simply drive to the nearest police station and lodge a report. This same procedure applies to pedestrians.

In case the police come to your house, do not let them in before checking their IDs, and if unsatisfied, you should call the nearest police station and confirm if they had been sent to your home.
You are under no obligation to allow them into the house without a search warrant.

These are merely simple steps to understanding the civilian’s rights when faced with such incidents. Simply put, if  you are not sure, and your instincts tell you that something is wrong, then drive off to the nearest police station and lodge a report.

Just as there may be bad police officers, there are good ones too.

While the law is objective, it can also be viewed from a subjective point of view. There are rooms for improvement and amendments to make it more effective.

There have been cases where reasonable suspicion has panned out the wrong way as well proving it to be unreliable and not concrete enough to bring justice.

The public needs to be informed of the proper standard operating procedures by the police.

It is important to appreciate the fact that almost on a daily basis, they have to deal with criminals – sometimes violent criminals – and also misbehaving members of the public, which entitles them to exercise force provided under the law.

The public shouldn’t lose faith in the police’s right to carry out their duties to safeguard our peace and freedom.

-Malaysian Digest