Lawyers' guide: Info you should and shouldn't give at police roadblock

 

The incident of a police officer trying to score a date with a woman he stopped at a roadblock has put a spotlight on what kind of information you are compelled to give the police.

The officer, who is now under investigation, had texted the woman after recording her contact number, purportedly in order to “get to know her”.

However, lawyers who spoke to Malaysiakini said your contact number is not something you have to give up when stopped at a roadblock.

Lawyer Raj Thanarajah explained that there are only three things which you are compelled to furnish to the police officer at the roadblock.

"Under the Police Act 1967, when the police stop you, they only have one right, which is to see whether you have lawful permission or licence to drive the vehicle. The licence is governed by your Road Transport Act.

"Once the police see that, it should be sufficient. Another thing the police can ask is if you have your identification card (IC) with you because, under the National Registration Act, every citizen is supposed to carry the IC wherever they go," he said.

Raj added the third thing the police may ask, which is an addition in the time of Covid-19, is whether one has permission to move beyond the allowed 10km radius.

"The freedom to move is governed by the Prevention and Control of Infectious Diseases Act 1988 and the 'licence' is in the form of a letter from the Ministry of International Trade and Industry.

"So do the police have a right to ask for your phone number? The answer is no, they don't have the right at all," he said.

However, Raj clarified that there are circumstances where the police are allowed to ask for phone numbers from civilians.

Lawyer Raj Thanarajah

"And that is when they are doing a major investigation and you are a part of it. In that limited instance, they can ask for your number.

"But in normal circumstances, there are limited things the police can ask," he said.

What to do if a cop asks for your number

If a police officer asks for your phone number at the roadblock, Raj said to remain calm and handle the situation in a polite manner.

"Maintain politeness with the cops. They are on duty and you have to respect their uniform. We are not citizens like a certain country which demonstrates disrespect to police officers.

"Ask them what is their purpose for asking for the phone number. The person who exercises authority will be very cautious when you exercise your right.

"Tell them that it's okay if they want to see your licence or IC, but the phone number has nothing to do with the inspection," he said.

Raj advised the people to know their rights and be lawful citizens.

He stressed that this is important to ensure that the authorities don't abuse their power.

"The power exercised must be within a limited scope. If you don't know your rights and power is abused, it will lead to a slippery slope of no return.

"As a historian, Lord Acton once said: power corrupts and absolute power corrupts absolutely," Raj said.

On the other hand, Universiti Kebangsaan Malaysia law lecturer Noor Aziah Mohd Awal said that if any civilian failed to show his or her driving licence or IC to police officers at the roadblock, it is the prerogative of the police to issue a fine.

"But they cannot arrest you. This is not an offence which allows them to arrest you.

"If they threaten to arrest you or ask for something in return to free you, such as asking to see or touch your private parts, they have made an offence under the penal code," she said.

If such an incident occurs, Noor Aziah said to remember the names of the officers involved, the location where the incident happened and to lodge a police report.

In another incident at a roadblock on Feb 12, a woman claimed that a police officer asked her to lift her blouse to avoid being fined for failing to show her driving licence.

The woman alleged that the officer also forced her to give him her phone number.

The officer has now been transferred to office duty pending investigations. - Mkini

✍ Credit given to the original owner of this post : ☕ Malaysians Must Know the TRUTH

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