What to do when stopped by police

 

KINIGUIDE | Getting stopped by the police is something many of us may experience at some point in our lives.

Although most stops are uneventful, news anchor Muhammed Ahmad Hamdan claimed to have an unpleasant encounter that only got worse when he wrote about his ordeal in a letter to the New Straits Times. He is now being investigated under the Penal Code for supposedly “insulting” the police.

As investigations proceed and what transpired becomes clearer, there are laws that govern such interactions between the police and the public at large.

This instalment of KiniGuide will cover those laws and what you should do if you are stopped by the police.

This guide is largely based on the Malaysian Bar’s “Red Book”, which was first published in 2006 and has continued to receive updates over the years.

The “Red Book” is recommended for further reading after this guide, as it is more extensive and covers details that have been left out from this guide for brevity.

What should I do when the police stop me?

The first thing is to ascertain the identity of the police personnel involved. Note details such as their name, ID number, and the number plate of their vehicles.

If they are not in uniform, ask to see their authority card, which would also have the necessary details.

A red authority card means you are dealing with a suspended police officer and you may walk away as they have no authority over you.

If the police question you, the Bar says you should only identify yourself by name, MyKad number, and address.

If they have other questions, ask politely if you are under arrest.

So, am I arrested or not?

If you are not under arrest, you may walk away or refuse to follow the police to the police station or anywhere else they might ask.

However, it may be the case that the police are investigating something and think you have information about the case. They would want to have your written statement recorded under Section 112 of the Criminal Procedure Code (a 112 statement or witness statement).

Police cannot arrest you just to have your statement recorded, so in most cases, they would make an informal request to have your statement recorded.

You should cooperate if the time and place are convenient for you, but if not, you should tell them that you will do so at a convenient time and place.

If you refuse to cooperate, the police may issue a formal order compelling you to cooperate. Disobeying this order may result in a magistrate issuing an arrest warrant against you.

On the other hand, if the police answer “yes” to the question of whether you are being arrested, do not allow you to leave or want to take you to the police station, then unfortunately - yes, you are being arrested.

Help, I’m being arrested! What now?

Do not resist. The police have the right to use reasonable force against you if you do.

Instead, you should ask the police why you are being arrested, and which police station they are taking you to.

An arrest is unlawful if you are not informed of the reason, and they must immediately take you to the nearest police station and no other place.

You may be detained for up to 24 hours at a police station or at a police lock-up to assist investigations, though if the police need more time, they can ask the magistrate for a remand order to extend this up to four to seven days depending on the suspected offence, and a second remand order for another three or seven days (again, depending on the suspected offence being investigated).

You have the right to make telephone calls, which the Bar says you should use to call your family, lawyer, or legal aid centre to tell them you have been arrested, and the time, place, and reason of the arrest.

The police must provide you with the facility and time to consult with your lawyer at the police station, but they may deny this if the delay in questioning you may lead to the occurrence of another crime or endanger others.

During questioning, you should note the name and rank of the police officer who questioned you.

You should remain polite, but you are only obliged to give your personal particulars such as your name, age, address, and occupation. Beyond that, it is within your right to remain silent and tell the police that you will answer in court.

The police cannot compel you to make a written statement other than your personal particulars. If you have been threatened, beaten, or forced to make a 112 statement, the Bar says you should lodge a police report against the police officer at the first opportunity.

Can the police go through my stuff?

In the event of a raid, such as a drug raid at a nightclub, the police may search your person and your bags without arresting you. However, this may be done only in the presence of an officer ranked inspector and above.

The Bar advises that you should not allow them to put their hands in your pockets, clothes, or bags.

Instead, voluntarily take out your belongings one by one in front of the police so you can monitor your belongings. State each item you are taking out as you go (“purse”, “keys”, “IC”) and turn your pockets or bags inside out when you are done.

The police can search your person, but this must be done professionally and with decency, in the privacy of a confined space. In addition, a female can only be searched by a female officer.

There is no law to compel you to strip. If you are threatened to strip naked, protest, note the police officer’s details, and lodge a police report after the incident.

The police can also search your car and your phone, but only if they suspect you of committing a crime. In either case, you should take note of the police officers’ details such as name and ID number as before.

In addition, you should ask why they want to check your phone or your car, and whether you are being suspected of a crime.

If you are unsure, the Bar said you should call a lawyer for advice.

Where should I go to file a complaint?

Not all interactions with the police go by the book, and even this writer had his share of rough handling at the hands of the police despite being familiar with his rights and his attempts at de-escalation.

Your options for raising a complaint depend on the issue at hand, and a lawyer may be able to advise you on the best course of action.

Nevertheless, several authorities are in a position to receive your complaints and take further action if necessary.

Police officers acting beyond the law, for example, may be reported to the police via a police report. In addition, the police Integrity and Standards Compliance Department oversees disciplinary issues in the force.

Attempts to solicit a bribe, meanwhile, can be reported to the MACC.

There is also the newly established Independent Police Conduct Commission (IPCC), which has taken over the task of investigating police misconduct from the Enforcement Agency Integrity Commission.

However, the IPCC has been criticised as “toothless” because of its limited powers to investigate cases and take action against errant officers. -Mkini