Uniformed cops must be present during searches

 

Federal CID director Comm Datuk Seri Abd Jalil Hassan

PETALING JAYA: Bukit Aman has issued a directive that plainclothes personnel making visits for investigations or searches must be accompanied by uniformed police personnel.

Federal CID director Comm Datuk Seri Abd Jalil Hassan said the directive was issued to remove any doubts of owners or caretakers to the identity of the investigating policemen who visited their premises.

“The raiding officer can also furnish the premises’ owner or caretaker with the number of the nearest police station to verify the policemen’s identities if they are still doubtful, ” he said yesterday.

The issue was brought to light after a video of several plainclothes policemen attempting to check an apartment in George Town, Penang, went viral.

The woman, who took the live video on Facebook, refused to allow the personnel into her home as she questioned their identities outside her unit.

In the video, a plainclothes policeman in a police vest could also be seen producing his authority card.

Nilai OCPD Supt Mohd Fazley Ab Rahman confirmed that the police from the Nilai Commercial Crime Investigation Department had gone to the unit in George Town at around 11pm on Monday during an Op Pelican probe.

“They were there in search of a male suspect to help with investigations into a cheating case. The policemen identified themselves and showed their authority cards before checking the unit, ” he said, adding that the man was not at the scene and no arrests or seizures were made.

Comm Abd Jalil said the directive was issued to prevent impersonations.

“On searches, all police personnel with the rank of Inspector or higher do not need to furnish a warrant to conduct a search, ” he explained.

Meanwhile, lawyer Kitson Foong said the police could enter the premises of a subject under investigation for a seizable offence once they had identified themselves and the reason for their “visit”.

A seizable offence is one where a police officer ordinarily arrests without a warrant according to the third column of the first schedule of the Criminal Procedure Code.

These are offences punishable by death or imprisonment for three years and more.

“If the police are investigating a seizable offence, they can barge into the premises, especially if they have reason to believe that the subject is attempting to flee the scene or destroy evidence.

“The premises’ owner should let the police in unless they intend to pay for costs incurred by the police ramming down a door or cutting padlocks, or more, ” Foong said.

He added that while the premises’ owner was not prohibited from taking videos of the search, they must not obstruct the officers from dispensing their duties.

In George Town, Penang police chief Comm Datuk Mohd Shuhaily Mohd Zain said police do not need a warrant to do a premises search if they are investigating an arrestable offence.

“If she had not cooperated, action under Section 186 of the Penal Code could have been taken against her for obstructing a civil servant from carrying out his duty, ” he said. - Star

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