Police and your rights!

I think over the past few years, there has been a lot of hoo-ha over what the police can or cannot do and what our rights are. And so far, I've not found out exactly what are our rights when we are pulled-over or confronted by a police.

However, after doing some surfing I found this book written by the Malaysian Legal Aid Centre (an arm of the Bar Council). And since almost every1 doesnt have a hard copy of the book, I've found the online version. Do read the below, it might be a tad long, but hey, its your rights and you deserve to know! Thanks to ravinsingh.com for this version.

**************************


1. POLICE STOP YOU

1.1 Not in uniform, ask for identification

Say: "Please, show me your Police authority card".

1.2 Police authority card

Red : Suspended Police Officer. He has no authority to do

anything to you. Walk away.

Other colours:

• Blue : Rank of Inspector and above

• Yellow : Below the rank of Inspector

• White : Reserve police

Note his name and Police authority card number.

1.3 In uniform

Note his name and ID number on his uniform.

1.4 Police vehicle

Note the number plate of the patrol car or motorcycle.



2. POLICE QUESTION YOU WHEN STOPPED

2.1 Your identification

Only give your name, ID card number and address.

2.2 The police ask other questions

Politely ask, "Am I under arrest?"

2.3 When you are under arrest

You are arrested if the Police:

• tell you "yes";

• do not allow you to leave/want to take you to the Police

Station; or

• handcuff you.

If you are not under arrest, you may walk away/refuse to follow

him back to the Police Station or anywhere else, if asked.

2.4 When you cannot be arrested

The Police cannot arrest you just because you are a potential

witness and they want to take a statement from you (Witness/112

Statement).



3. QUESTIONING BY POLICE WITHOUT ARREST

3.1 112 Statement

When the Police are investigating a case and think you have

information / knowledge about the case, the Police may question

you and take down your answers (112 Statement).

3.2 Informal/Formal Request

Most times, the Police make an informal request that you give a 112

Statement. If the place and time is convenient to you, cooperate.

If not, tell the Police you will do so at a convenient place and time.

If you refuse to cooperate, the Police may issue a formal order in

writing, signed by an investigating officer (Police Officer) to ask

you to cooperate.

If you disobey a Police Order, you cannot be arrested. However, it is

an offence and the Police may request the Magistrate to issue a

warrant against you to compel you to cooperate.

3.3 Giving a 112 Statement

You have the right to ask a lawyer to accompany you.

This is advisable.

In giving a 112 Statement, you may refuse to answer any question /

remain silent if the answer is likely to expose you to a criminal

offence.

• Bring along a notebook or writing paper with you (Personal Notes).

• Write down every question asked in your Personal Notes.

• Make sure you understand every question asked.

• Take your time and think carefully before writing your answers in

your Personal Notes.

• Read your answers to the Police Officer questioning you.

• Keep your Personal Notes for future reference.

3.4 Signing your 112 Statement

Before signing your Statement, read the questions and your answers

written by the Police Officer carefully.

• Compare the Statement you are asked to sign with your Personal

Notes.

• You have the right to make any corrections/changes to the

Statement before signing.

• Place your signature immediately below the last sentence of your

Statement.


4. POLICE ARREST YOU

4.1 Ask: "Why am I under arrest?"

An arrest is unlawful if you are not informed of the reason.

4.2 Do not resist an arrest

The Police have the right to use reasonable force to arrest you if you

resist.

4.3 Ask: "Which Police Station are you taking me to?"

The arresting Police Officer must immediately take you to the

nearest Police Station and no other place.

4.4 What to do when arrested

You have the right to telephone:

1. Your relative or friend; and

2. A lawyer.

You may also call a nearby Legal Aid Centre (LAC). Inform them:

• you have been arrested;

• the time, place and reason of the arrest;

• the Police Station you will be taken to.

4.5 What happens after arrest

You may be detained up to 24 hours:

• at the Police Station, or

• in a lock-up to "assist" police investigation.



5. YOUR RIGHTS AFTER ARREST & DURING DETENTION

5.1 Right to consult a lawyer

Once you request for the presence of a lawyer, you have a right to

consult the lawyer at the Police Station. The Police must accord

you reasonable facilities and a reasonable time period for you to

meet and consult the lawyer. The Police may, however, deny you

this right, if the delay in questioning you may cause the occurrence

of another crime or cause danger to others.

5.2 Clothing

You are allowed to have one set of clothing with you in the

lock-up.

5.3 Personal belongings

The Police must record and put all your personal belongings in

safe custody. Your personal belongings must be returned to you

upon your release.

5.4 Welfare

You are allowed to take a bath two times a day. If you are sick,

you have the right to receive immediate medical attention.

You are to be given proper and adequate food and water during

detention.

5.5 How long can the Police detain you

The Police may only detain you for up to 24 hours for investigation.

The duty of the Police is to complete investigations within 24 hours

and to release you as soon as possible. If the Police cannot complete

investigations within 24 hours, they must bring you before a

Magistrate for a remand order to extend your detention beyond

24 hours (Remand Order).





6. REMAND ORDER BY MAGISTRATE AFTER 24 HOURS

6.1 Who is a Magistrate

A Magistrate is a judicial officer. The Magistrate has the power to

issue a Remand Order to detain you for more than 24 hours.

6.2 Purpose of a Remand Order

It is to give more time to the Police to complete their investigations

and decide whether there is evidence to charge you for an offence.

The Police cannot ask for a Remand Order only for the purpose of

taking a Statement from you.

6.3 How long is a Remand Order

When the Police bring you before a Magistrate for a Remand Order,

the Police must give reasons to the Magistrate why it is necessary to

detain you for more than 24 hours. The Magistrate's duty is to

consider carefully the reasons given by the Police.

The Magistrate has the discretion:

• not to make a Remand Order, and release you; or

• make a Remand Order for a period shorter than that asked for by

the Police.

The Magistrate has the power to make a Remand Order of not more

than 4 days or 7 days depending on the offence being investigated.

The Police may return at the expiration of this time period and apply

for a 2nd Remand Order. The Magistrate may make a 2nd Remand

Order of not more than 3 days or 7 days depending on the offence

being investigated.

6.4 What to say when you are brought before a Magistrate for

remand

Tell the Magistrate:

• you want legal representation and you want to contact your lawyer,

the LAC and your family;

• if you want medical treatment because you are sick or have been

beaten;

• if the Police threatened or beat you during detention;

• if you were denied proper and adequate food/water/clothing, access

to the toilet or necessary medical attention during your detention;

• whether you had been detained previously, immediately before

your current detention;

• whether the Police carried out any investigations during your

detention.

6.5 Ask for a shorter Remand Order from the Magistrate

Before the Magistrate makes the Remand Order, ask for a shorter

period than what the Police asked. Give reasons (examples: "I will

co-operate with the Police in their investigation", "I will be available

and will not run away" etc).



7. BODY SEARCH WITHOUT ARREST

7.1 When Police can do so

If you are at a place (example: disco/karaoke/entertainment outlet)

where the Police are conducting a raid to look for something there

(example: drugs), the Police may detain and search you if they think

you have or are hiding the thing being searched for.

This may only be done in the presence of a Police Officer ranked

Inspector and above.

7.2 What to do

• Do not allow the Police Officer to put his hands into your clothes

or pockets.

• If you are asked to take out your belongings one by one, each time,

say "purse", "keys", "ID card" etc.

• When your pockets/bags are empty, turn them inside out.

7.3 Your rights

• All body searches must be carried out in a professional manner and

with decency.

• A female can only be body searched by a female Police Officer.

• If you are forced to strip naked or threatened with a strip search:

1. Protest;

2. Remember the Police Officer's name; and

3. Lodge a police report after the incident.



8. BODY SEARCH UPON ARREST

8.1 When Police can do so

• The Police reasonably suspect that you have evidence relating to a

suspected offence.

• You are arrested.

• The body search must be conducted in a confined place. It is your

right to be bodily searched in private.

8.2 Types of body searches

The law allows the Police to conduct 4 types of body search:-

1. Pat down search -

act of searching outer clothing.
2. Strip search -

to search for concealed evidence, object,
contraband or weapon. May only be conducted with the

authorisation of an officer ranked Inspector and above.

3. Intimate search -

to search beyond the mouth, nose and ears.
May only be conducted with the authorisation of an officer

ranked Assistant Superintendent (ASP) and above.

4. Intrusive search -

to determine the existence of objects etc. in
the body. May only be conducted with the authorisation of the

Officer in Charge of the Police District (OCPD). Must be

conducted by a Government Medical Officer or Medical

Officer.

8.3 Your rights

• All body searches must be carried out in a professional manner and

with decency.

• It is advisable to request that you be accompanied by your lawyer for

the search.

• A female can only be body searched by a female Police Officer.


9. QUESTIONING BY POLICE AFTER ARREST

9.1 Identity of the Police Officer questioning you

Note the name/rank of the Police Officer questioning you.

9.2 Right to remain silent

The Police Officer will first make friendly conversation/talk (example:

ask you about your family and friends etc). You are only obliged to give

your full name, age, address and occupation (Personal Particulars).

Other than giving your Personal Particulars, you have the right to

remain silent. Be polite. Do not be afraid to remain silent. This is your

right. If you choose to remain silent, say: "I would like to

exercise my right to silence".

9.3 112 Statement by you during investigation

The Police Officer will ask you questions and then write down your

answers. The Police cannot threaten or force you into making a

Statement. If you have been threatened, beaten or forced, lodge a

police report against the Police Officer at the first opportunity. This is

your right.

9.4 112 Statement is not to be used as evidence

Generally, any Statement you make to the Police during investigations

cannot be used as evidence except if you are being charged for

offences under, for example, the Dangerous Drugs Act, the

Kidnapping Act and the Internal Security Act. However, you may use

the Statement to support your defence during your trial.


LEGAL AID CENTRES (LAC)

• Kuala Lumpur : 03-2691 3005 / 03-2693 2072

• Selangor : 03-5510 7007 / 03-3281 2428

• Negeri Sembilan : 06-6013 844

• Melaka : 06-2845 519 / 06-2864 514

• Johor : 07-2235 698

• Perak : 05-2550 523

• Kedah & Perlis : 04-7333 467

• Kelantan : 04-7448 660

• Pahang : 09-5159 244 / 09-2969 410

• Pulau Pinang : 04-2617 451/ 04-3108 451

POLICE AND YOUR BASIC RIGHTS

Published in conjunction with TANGKAP

(Tindakan Anti PenyalahGunaan Kuasa Polis)

www.malaysianbar.org.my


******************************


Boodyboy, out!!!

First time I'm in the wrong

In an accident,that is.

Yes, finally i've been in an accident in which I'm at fault. At least in the eyes of the law.

Got into a fender bender today on the bridge after Batu Tiga toll off the Federal Highway. What happened? I was driving when the car in front of me braked suddenly at the traffic light. He didn't notice the lights had turned red and so did I. He braked, I braked. But the accident cannot be avoided. Was I speeding? I was going at less than 60kmph as i was moving from 1 traffic light to another. Was I too close to the car in front of me? I was about 3 cars length away from him when i braked. But thanks to the slippery road condition, I could see my self slowly sliding all the way to give the front guy a bump.

Car couldn't stop. Knocked into the back of another car. Whose fault? Mine. Simple as that.
Went to make a police report abou the accident. Drove to the nearest pondok polis to report but was told that only the bigger stations accept accident reports. Was told to go to the police station in USJ to make police report. We (the banger and the bang-ee) had to find our around USJ to find the police station. Then we were told that we could not report the accident there as that bridge where the accident occurred is not in their jurisdiction.

We were then told to go to the police station in Shah Alam to make the report. Sigh, it was more driving and finding our way. Managed to find our way and arrived at about 5.45pm. Luckily the servicde in this station was prompt as well as friendly. No doubt it was my fault, but this people made the ordeal much better after we were being led on a wild goose chase earlier.

Everything was settled. I was slapped with a summons (i'm already very broke...) and then both of us; banger and bang-ee; went our seperate ways back home. It was a long day indeed.

Looking on the bright side, i'm lucky i was onl involved in a minor accident. At the police station, i saw some pretty bad car wrecks whcih made me lose my appetite. I think those people were involved in that accident was definitely having a worse day than me.

Sigh, can't complain. But isn't that what I'm doing here? Whining and grumbling.
Thats all I can do. But at least I'm safe.

To all of you readers, have a safe trip where ever you may heading in bad weather,


Boodyboy, out!!

What comes after the Hungry Ghost Festival?

Come guys and girls, take a guess. What event comes after the Hungry Ghost Festival this year. It may not happen next year or the year after that. It didn't happen the year before and the year before last.

Got you guessing, didn't I? hehehe...

Its definitely not the Mooncake Festival as it happens every year after the Hungry Ghost Festival. Take another guess...

Don't Know?

Give up?

Are you sure you don't want to tembak 1 last time? ;-p

Well, the answer is.....
>
>
>
>
>
>
>
>
The Hungry Police Festival, thats what!!!! Yes this year, this festival happens immediately after the Hungry Ghost Festival. It has occured in different times every year, and once in a very long while, it happens twice a year.

Yes this is the time when there just traffic roadblocks just manned by about 3 policemen only. its rare for there to be like 10 in an operation during this festival, because if the police are hungry they ain't so keen on sharing, especially with so many people...

Suddenly everywhere u go at night (especially highways) will suddenly be in a jam for no reason. The line could be a few kilometres long, and you must be wondering if it could be due to an accident or something. But the fact is that, it is just due to the extra "vigilance" of our traffic policemen during this time of the year.

Look, i'm not generalising all traffic cops to be "hungry" during this time of the year... I mean some are only hungry over this month-long festival, some are hungry all year long (very unfortunate), while i'm sure most of them are not hungry at all.

I think i've mentioned this in my previous posts last year in my multiply page. But then again, we cant stop the festival from happening unless something is done to satisfy their hunger at employer level. The employers know why this is happening and has allowed this to continue happening, and this is why we end up having this festival every year. You can ask any motorist on the road who is stuck in a roadblock at night what they think. They can tell you the same thing, Hungry Police Festival.

Just like the Hungry Ghost Festival, when we see these things happening, we cannot do anything to kacau or raise a protest as we might be "victimised" later. This is especially true among the Chinese as we were thought by our parents to try our best not to notice these activities. And since we've been doing this from you, its not difficult to transfer what we learnt here to the Hungry Police Festival.

Here I am just wondering, if there were any VIPs that were caught in a congestions caused by these roadblocks. And if yes, what did they think was going on? Do they actually think that the police are just being extra hardworking and upholding the traffic laws during this period while they drive past?

Sigh... Just forget about what I said. i guess I'm just annoyed because of the fact that I had passed 4 roadblocks (which caused tremendous jams) at night already... 4 times is about 10 days and on different highways. There are months that go by without even me having to pass a single roadblock on my way back?

Extra vigilance or Hungry Police Festival

You decide...


Boodyboy, out!!!

Our PM's reply on the Roadblocks and my opinion

This is taken from the Star website and my comments are in red.

Roadblocks needed to keep order, says Pak Lah

PETALING JAYA: Datuk Seri Abdullah Ahmad Badawi has defended the police for setting up roadblocks around the city in anticipation of a public demonstration, causing massive traffic jams.

The police, meanwhile, said the roadblocks would continue as they have been “successful”.

Look, he didn't even apologise for the inconvenience caused. He's getting so defensive. At least Syed Hamid Alba was apologetic yesterday when he made his speech. Doesn't the PM know we are his bosses? Even if its for your own bosses' good, you would still be expected to apologise and pretend to understand our plight.

The Prime Minister blamed the situation on those who planned to hold demonstrations and said the police were only doing their job of maintaining order and public safety.

I'm sorry?!?! When i was stuck in the jam for 2.5 hours, all i could see was disorder and chaos on the roads. Oh also the disbelief and the grief of all drivers in the jam with me yesterday. In fact, i dont think i would have felt safe yesterday. For all you know some guy who's been under lots of heavy pressure would have just blown and ran amok, destroying people's cars.

“The police are trying to reduce hindrances and traffic jams (that would be caused if the demonstration go on) too,” he said, adding that businesses and shops expected the police to ensure disturbances do not occur.

“But at the same time the demonstrators say police have no business disturbing them. The police have a responsibility in ensuring there is no trouble,” he said.

Well first of all, to reduce traffic jams and hindrances, remove the freaking roadblocks!! That is the key hindrance we faced yesterday. If the demonstration would have gone on, i bet the only placed that would be jammed is the road leading towards the Parliament only, not the whole of Klang Valley, certainly not in Klang, Kepong, Kajang or wherever there is 30km away from the damned Parliament building!!! The only danger to public disorder was from you lah... And since ISA is used against those who cause public disorder, Hmm... muahahah!!! (You better hope i'm not the PM next time)

Abdullah reminded the demonstrators that they could hold their rallies at stadiums where “they can scream at the top of their voice and “not at these places (in the streets) because people have the right to go about their business in peace”.

Dude, i would have been left in peace if you had let the "alleged" gathering take place, cause nowhere else around klang valley or any major highways would have been jammed for that matter.

The rally that was anticipated to take place at Parliament House by Pakatan Rakyat supporters did not materialise yesterday.

Ppl already denied of having planned it. So if the Opposition deny we cannot believe them, but if our DPM or AG deny accusation we can believe them be cause they are more honest than the Opposition?

Police said they would continue to set up roadblocks at several major roads if needed.

“We have no choice as our main concern is to maintain law and order,” said City police chief Datuk Muhammad Sabtu Osman.

Can you show me where was the order in the chaos on the Highways, Mr. Police? And what do you mean no choice? You guys can use your favourite tool, the ISA to throw those guys in jail once you heard of their plan to rally in the Parliament. So now that you've shown that you will not use that draconian law (which only inconvenienced the politicians and their families), you have now decided to inconvenience all of us rakyat, and then blame it on the opposition?

The roadblocks proved to be “successful” although it caused inconvenience to many people, he told a press conference at his office yesterday, adding that 1,600 policemen were deployed for yesterday’s operation.

Thank you very much for the roadblock. i hope you enjoyed implementing it as much as i enjoyed going to work late on Monday morning.

It is learnt that PKR Youth chief Shamsul Iskandar Mohd Akin and a few supporters tried to hold a gathering at Central Market at about 1.30pm. They left when asked to do so by police.

You see how co-operative the Opposition guys are? They only "tried" to have a gathering, and they dispersed when you asked them to. So, you could have done the same, wait for the guys to march towards the Parliament, then respectfully ask them to disperse, for which i'm sure they will. No need for the roadblocks, eh?

Like its not enough suffering for us poor citizens lah... Thanks a lot!!!

Boodyboy, out!!!

r0@dblock$!!!!

Okay, here i would like to vent out my frustrations after my 2 and a half hours on the road today. Yes i reached office late. Fre@king Late!!! i reached at about 10.15 am. Do you know how sucky it is to be on the road for such a long time when walking or even crawling seems faster? If i had not used the emergency lanes whenever possible i dont think i would have arrived at this time at all. i would have only arrived in 3 or even 4 hours later!! yes, so what if i broke the law just to get to office as soon as possible? Come arrest me lah!!!

Look, the road blocks have been there all weekend. In all major roads leading into KL. So thanks for ruining the weekend and Monday for the people who drive!!! Can some1 clarify with me the purpose of having such roadblocks being set up in the first place? First of all, the police ain't even doing any "pemeriksaan". They just narrow the road to 1 or 2 lanes then lets you drive off without even once looking into our cars. Look, if you plan to do and "pemeriksaan", at least look into my car lah goddammit!!! I demand to be "periksa-ed"!!! There are some roadblocks without any police there at all, they just place all the skittles to narrow the road. thanks guys.

God, it feels like we're in times of the Emergency (Darurat, for those who studied in Bahasa). Police setting up roadblocks (this time its worse, during those days, they actually checked if ppl were Communists). So yes, you wanna create fear in the minds of our citizens? get them to stay at home during weekends, reduce travelling? You (PM, Police, Home Minister, which ever soh@is that oversees this) might as well implement curfew so that we dont go out anywhere lah!!!

So come on man, give me a good reason for this roadblocks. Is it because u guys are afraid ppl will go and demonstrate in front of the Parliament today, due to the motion of No-confidence? Is it because we have a terrorist in our midts and you would like to capture him (highly unlikely, cause u guys dont even periksa in the 1st place.)?

PLEASE FOR THE SAKE OF ALL PEOPLE WHO BRAVED THE JAMS TODAY, WHAT IS THE RESON FOR YOU SETTING UP THE F*CKING ROADBLOCKS?!?!!?!?

Boodyboy, out!!!