Can the police check your handphone?

....https://www.msn.com/en-my/news/national/cops-cant-simply-check-your-phones-says-ex-igp/ar-BBWXA30?ocid=sthttps://m.malaysiakini.com/news/500273..https://asklegal.my/p/mythbusters-rumor-whatsapp-police-check-mobile-phone-roadblock-political.html

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1 Response to Can the police check your handphone?

  1. Edward Lye says:

    Well, it appears that our sleepwaking [redacted] elected lawmakers have given extensive powers to …… wait for it …………… garbage inspectors!

    I don’t understand legalese language but if this was straight English then it appears …. just on suspicion …………. such a duly authorized officer ….. without a warrant …………… can possibly seal the Istana.

    Just for garbage? Just for putting a recyclable aluminum can together with kitchen waste?

    Read and weep.

    excerpts from Act 672 SOLID WASTE AND PUBLIC CLEANSING MANAGEMENT ACT 2007

    Power of investigation

    80. (1) An authorized officer shall have the power to
    investigate the commission of any offence under
    ====================
    this Act.

    (2) Every person required by an authorized officer
    to give information or produce any document or
    other article relating to the commission of any
    offence which is in his power to give shall be
    legally bound to give the information or
    produce the document or other article.

    Search and seizure with warrant

    81. (1) If it appears to a Magistrate, upon written
    information on oath and after such inquiry as
    he considers necessary, that there is a
    reasonable cause to believe that any premises
    have been used or are about to be used for, or
    there is in or on any premises, evidence
    necessary to establish, the commission of an
    offence under this Act, the Magistrate may
    issue a warrant authorizing an authorized
    officer to whom it is directed, at any
    reasonable time by day or night and with or
    without assistance.
    (a) to enter any premises and there search for,
    seize and detain any property, equipment,
    machinery, book, record, document,
    container, receptacle or other article;
    (b) to inspect, make copies of, or take
    extracts from, any book, record, document
    or other article so seized and detained;
    (c) to take possession of, and remove from the
    premises, any property, equipment,
    machinery, book, record, document,
    container, receptacle or other article so
    seized and detain it for such period as may
    be necessary;
    (d) to search any person who is in, or on, such
    premises, and for the purpose of the
    search, detain the person and remove him to
    such place as may be necessary to
    facilitate the search, and seize and detain
    any property or document found on the
    person; or
    (e) to break open, examine, and search any
    container, receptacle or other article.
    (2) An authorized officer acting under subsection
    (1) may, if it is necessary to do so
    (a) break open any outer or inner door of any
    premises and enter the premises;
    (b) forcibly enter any premises and every part
    thereof;
    (c) remove by force any obstruction to the
    entry, search, seizure, detention or
    removal that he is empowered to effect; or
    (d) detain any person found on any premises
    searched under subsection (1) until the
    search is completed.
    (3) If, by reason of its nature, size or amount, it
    is not practicable to remove any property,
    equipment, machinery, book, record, document,
    container, receptacle or other article seized
    under this section, the authorized officer
    making the seizure shall, by any means, seal
    such property, equipment, machinery, book,
    record, document, container, receptacle or
    other article.
    (4) Any person who, without lawful authority,
    breaks, tampers with or damages the seal
    referred to in subsection (3) or removes the
    property, equipment, machinery, book, record,
    document, container, receptacle or other
    article under seal or attempts to do so commits
    an offence and shall, on conviction, be liable
    to a fine not exceeding ten thousand ringgit or
    to imprisonment for a term not exceeding six
    months or to both and in the case of a
    continuing offence be liable to a fine not
    exceeding one thousand ringgit for every day or
    a part of a day during which the offence
    continues after conviction.

    Search and seizure without warrant
    ===============
    82. If an authorized officer is satisfied upon
    information received that he has reasonable cause
    to believe that by reason of delay in obtaining a
    search warrant under section 81 the investigation
    would be adversely affected or evidence of the
    commission of an offence is likely to be tampered
    with, removed, damaged or destroyed, the officer
    may enter the premises and exercise in, upon and in
    respect of the premises all the powers referred to
    in section 81 in as full and ample a manner as if
    he were authorized to do so by a warrant issued
    under that section.

    Access to computerised data

    83. (1) An authorized officer conducting a search under
    this Act shall be given access to computerized
    data whether stored in a computer or otherwise.
    (2) For the purposes of this section, the
    authorized officer shall be provided with the
    =================
    necessary password, encryption code, decryption
    ======== =============== ==========
    code, software or hardware and any other means
    ==== ======== ======== ===============
    required for his access to enable comprehension
    of computerized data.

    Power to stop, search and seize vehicle
    ==============================

    84. (1) If an authorized officer has reasonable cause
    to suspect that any vehicle is carrying any
    thing in respect of which an offence under this
    Act or any regulations made under this Act is
    being or has been committed, he may stop and
    examine the vehicle and may, if on examination
    he has reasonable cause to believe that such
    vehicle is or has been used for the commission
    of such offence, seize the vehicle and any
    thing found in the vehicle that is reasonably
    believed to furnish evidence of the commission
    of the offence.

    (2) The person in control or in charge of the
    vehicle shall, if required to do so by the
    authorized officer—
    (a) stop the vehicle and allow the authorized
    officer to examine it; and
    (b) open all parts of the vehicle for
    examination and take all measures necessary
    to enable or facilitate the carrying out of
    such examination as the authorized officer
    considers necessary.

    (3) Any person who contravenes subsection (2)
    commits an offence and shall, on conviction, be
    liable to a fine not exceeding ten thousand
    ringgit or to imprisonment for a term not
    exceeding six months or to both and in the case
    of a continuing offence be liable to a fine not
    exceeding one thousand ringgit for every day or
    a part of a day during which the offence
    continues after conviction.

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