Posted by Voon Lee Shan
Voonslegal Community
6 June, 2023
When enforcement authorities like the police, customs, immigration department wants to do something (like stop and search someone, or enter into a private residence), they can only do so if the law permits. If there is no law allowing it, they would be acting beyond their powers – basically acting illegally. They could be sued for trespass and assault.
So with regards to police searching vehicles, there actually is a law on the matter. Following Section 24(1)(b) of the Police Act 1984:
“Any police officer may—
…stop and search without warrant any vehicle or vessel which he has reasonable grounds for suspecting is being used in the commission of any offence against any law in force…”
Therefore it’s quite safe to say that the police can legally search your car, but they must have reasons to suspect that your car was involved in a crime. So for example if the PDRM received information that a black Honda Civic was the get away car in a robbery and you drive a black Honda Civic, they may have legit grounds to search your car.
If you are stopped, then, this basically means that, it’s best to ask the officers why they are searching your car.
Do take note of their particulars including their names which you could see from the name tag on his uniform besides the car they used when you are stopped by them.
But, it is not wise to travel alone in car and you may need to equip yourself with a hidden body camera to do some recordings in the event things go nasty.
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