Lecture 4 – Search

Types of Search

Search of body of Search of person Search of place /

person in premises premise
 Frisking  Entry of premises & search  Entry of premise & search
for someone for document / property

Search of person in premises

With warrant Without warrant

 when  s.62 CPC
 Form  Summary search
 Execution  s.63 CPC
 s.116 CPC
 Seizure of things
 common law

Effect of illegal search or seizure - common law

- Malaysia

Objective of search

Evidence Seizure of Obtain incriminating

 Discovery  Proceeds of crime evidence
 Preserve  Contraband
 Prevent disposal  Others
 Search of body of person

By who ? Types & Methods

 Magistrate / Justice of Peace  s.20A CPC
 Inspector & above  Fourth Schedule CPC
 Below rank of Inspector but  Objective
in the presence of M / JP / I  General Conduct
 4 types :  Pat down
 Strip
 Intimate
 Intrusive

Pat down search

What? When? Authorisation Procedure

Patting the outer clothing No authorization required - Para 6 4th Schedule
of a person - Para 5 4 th Schedule
- Para 4(1) 4th Schedule
- Para 4(2) 4th Schedule

Strip search

What? When? Authorisation Procedure

Removal of entire /some Prior approval (written/ - Para 9 4th Schedule
part of a person’s clothing reduced to writing) of Inspector
- Para 7(2) 4th Schedule & above / equivalent required
- Para 8(1) & (2) 4th Schedule
 Intimate search

What? When? Authorisation Procedure

Physical examination of Prior approval (written/ - Para 10 4th Schedule
Body / orifices other than reduced to writing) of ASP &
Mouth, nose and ears above / equivalent required
- Para 10 4th Schedule - Para 11 4th Schedule

Intrusive search

What? When? Authorisation Procedure

Examination to determine Prior approval of OCPD - Para 15 4th Schedule
existence of any object etc / equivalent required
inside the body & removal of it - Para 14(1) 4 th Schedule
- Para 13(1) 4th Schedule

Search of a body of person

 power to seize offensive weapon  s.21 CPC
 police officer
 other person

 to ascertain name & address  s.22 CPC

Search of person in premises

With warrant Without warrant

 when  s.62 CPC
 Form  Summary search
 Execution  s.63 CPC
 s.116 CPC
 Seizure of things
  common law
Search of premises with warrant
When?
s.54(1) CPC (read together with s.116 CPC provides for 3 circumstances/situations :
 when the person who has been issued with summons (s.51 CPC) / requisition order (s.52(1)
CPC) is not complying / will not be complying with such summons / order.
 when property / documents is not known by the court to be in possession of any person.
 when the court considers that the purpose of justice will be served by a general search.

s.56 CPC (read together with s.116 CPC) allows a magistrate to issue the search warrant to
search for evidence of the offence as well.
Chong Chien Jen v Mohd Irwan Hafiz bin Md Radzi & Anor [2009] 3 MLJ 364
“The mere belief of the complainant could not constitute ‘information’ nor ‘reason to believe’ under
s.56 of CPC.”

Form
 s.57 CPC provides for the form of a search warrant.
 Lam Chiak v PP [1986] 1 MLJ 374

Execution – by who?
 s.60 CPC allows the magistrate who issued the search warrant to attend personally to see
that the warrant is duly executed.
 s.61 CPC allows any magistrate competent to issue a search warrant to orally direct a search
to be made in his presence of any place.
 s.116 CPC allows the investigating officer to conduct the search himself.
 s.59 CPC (read together with s.16(2) CPC) empowers the officer to break open any other /
inner door of any place.

Search of premises without warrant

When?
 s.62 -65 and s.116 CPC make provisions for search of premises without warrant.
 ss.62 and 116 CPC are concerned with search and not with seizure
 the seizure is governed by s.435 CPC
 s.63 not only governs search but also seizure.
 s.62(1) CPC
Yong Moi Sin v Kerajaan Malaysia & Anor [2000] 1 MLJ 35
 s.63(1) CPC
 s.116(1) CPC