2.

0 Search of body
 Search of person during search of premise
 Search of person in custody for name and address
 Search of person arrested

2.1 Search of person during search of premise (search only)

S 17 of CPC: Whenever a search for anything is or is about to be lawfully made in any place,
all person found therein may be lawfully detained until the search is completed and if the
thing sought is capable of being conceal upon the person, they can be searched in the
presence of a Magistrate or Justice of the Peace or a police officer not below the rank of
Inspector.
S 19(2) of CPC: A woman can only be searched by another woman with strict regard to
decency.

2.3 Search of person arrested (search and seizure)

S 20 of CPC: Whenever a person is arrested—
(a) by a police officer under a warrant which does not provide for the taking of bail
or under a warrant which provides for the taking of bail but the person arrested cannot
furnish bail; or
(b) without warrant or by a private person under a warrant and the person
arrested cannot legally be admitted to bail or is unable to furnish bail,

3.3 Search in premise without warrant

3.1.4 Search of documents by Investigating Officer (search only)

4.0 Seizure
4.1 Type of seizure

4.1.3 Power to seize offensive weapons

S 21 of CPC: The officer or other person making any arrest under this Code may take
from the person arrested any offensive weapons which he has about his person and shall
deliver all weapons so taken to the Court or officer before which or whom the officer or
person making the arrest is required by law to produce the person arrested.
4.2 Search list
Search list must be prepared
S 64 of CPC: A list of all things seized in the course of a search made under this Chapter
and of the places in which they are respectively found shall be prepared by the officer or
other person making the search and signed by him.
Occupant is allowed to be present during the search and search list must be given
S 65 of CPC: The occupant of the place searched, or some person in his behalf, shall in
every instance be permitted to attend during the search, and a copy of the list prepared
and signed under this section shall be delivered to that occupant or person at his request.

San Soo Ha v PP (failure to prepare search list is not fatal)

 The court stated that failure to comply with the provision relating to search list may
only cast a doubt upon the bona fides of the parties conducting the search and
accordingly afford ground for scrutiny.
 However, if after close scrutiny the Court arrives at the conclusion that the stolen
articles were recovered from the possession of the accused person, it is obviously no
defence to say that the evidence was obtained in an irregular manner.
 It was further held that failure to prepare a search list is not fatal to the prosecution’s
case.
PP v Chin Hock Aun (search list not require in drug cases)
 The accused was charged for drug trafficking and he argued that failure to prepare
search list was fatal to the prosecution’s case.
 The court held that S 64 of CPC cannot be apply to drug cases and the correct
provision to be applied is S 27 of DDA. Under such provision, preparation of search
list is not required.
 The court also affirmed the position in San Soo Ha’s case.
Gooi Loo Seng v PP (evidence given cannot be in contradiction to the search list)
 The accused was charged for drug trafficking and a search list was prepared during
the raid. There was contradiction between the search list and the evidence given by
the prosecution. (In the search list, it stated that the drug was discovered by the
Inspector but inspector give evidence that the drug was recovered from a cupboard by
the accused himself)
 The court held that such contradiction was fatal to the prosecution’s case and the
accused was acquitted.
Alcontara a/l Ambross Anthony v PP (search list is required when there is
contradiction)
 The court held that search list must be tendered in the event where there is an acute
conflict between the evidence of the prosecution witness and evidence of the defence
in respect of where the exhibits are found.
4.2.1 Does a search list amount to confession?
1) Early position- Sign on search list amount to confession
PP v Lim Mung Shaing
 The search list became a written statement which amounted to a confession once the
accused put down his signature on it.
PP v Chew Yew Choi
 The search list with the accused's signature on it is tantamount to a confession by the
accused and could be construed as implicating him in a material particular as it could
be inferred that he was in possession of the offending items in question.

5.0 Report to Magistrate

S 413(1) of CPC: The seizure or finding by any police officer of property taken under
section 20 or alleged or suspected to have been stolen or found under circumstances which
create suspicion of the commission of any offence shall be immediately reported to a
Magistrate, who shall make such order as he thinks fit respecting the delivery of the property
to the person entitled to the possession of it, or, if that person cannot be ascertained,
respecting the custody and production of the property.
S 413(5) of CPC: Notwithstanding the preceding subsections, where the property is required
for the investigation of a case and it is necessary for the property to be detained, the property
shall be kept in a safe and proper place by the Officer in charge of a Police District where
the offence was committed.
Chong Chieng Jen v Mohd Irwan Hafiz bin Md Radzi & Anor
 The applicant's laptop was seized under a search warrant and was brought to the
magistrate's court for it to be dealt with in accordance with S 56 of CPC.
 This case shows that the seized properties must be brought before the Magistrate.
N Indra a/p P Nallathamby v Public Prosecutor
 A search warrant had been granted to the police officer with the condition that the
search and seizure must be conducted within 3 days, and after the search, the police
must produce all articles seized before the magistrate's court. However, the police had
failed to do so.
 As such, the court held that the police had acted in contravention to the search warrant
and all seized item pursuant to the search warrant must be produced before the
Magistrate to determine whether the seized item are to be returned forthwith to the
owner or to allow the police to have continued safe custody.

6.0 Search and seizure without warrant (S 116A of CPC)

S 116A of CPC: Search and seizure without warrant
 (1) Whenever it appears to any police officer not below the rank of Inspector that
there is reasonable cause to suspect that there is concealed or deposited in any
place any evidence of the commission of a security offence or any offence relating to
an organized crime and such police officer has reasonable grounds for believing
that, by reason of delay in obtaining a search warrant, the object of the search is
likely to be frustrated, he may
(a) enter any premises and there search for, seize and take possession of,
any book, document, record, account or data, or other article;
(b) inspect, make copies of, or take extracts from, any book, document,
record, account or data;
(c) search any person who is in or on such premises, and for the purpose of
such search detain such person and remove him to such place as may be
necessary to facilitate such search, and seize and detain such article, container
or receptacle;
(d) break open, examine, and search any article, container or receptacle; or
(e) stop, search, and seize any conveyance.
(2) Whenever it is necessary so to do, a police officer conducting a search under
subsection (1) may
(a) break open any outer or inner door or window of any premises and enter
into, or otherwise forcibly enter the premises and every part thereof;
(b) remove by force any obstruction to such entry, search, seizure or
removal; or
(c) detain any person found in or on any premises or in any conveyance
searched under subsection (1) until such premises or conveyance has been
searched.
(3) No person who is detained under paragraph (2)(c) shall be searched except by a
person who is of the same gender as the person to be searched.
(4) For the purpose of this section, "security offence" means a security offence as
specified under the First Schedule to the Security Offences (Special Measures) Act
2012 [Act 747].
S 116B of CPC: Access to computerized data
S 116C of CPC: Interception of communication and admissibility of intercepted
communications

7.0 Effect of illegal search & seizure

7.1 Common Law
Kuruma v The Queen
  The test to be applied in considering whether evidence is admissible is whether it is
relevant to the matters in issue. If it is, it is admissible and the court is not concerned
with how the evidence was obtained.

7.2 Malaysia
Saminathan v PP
 The court held that the Magistrate will not concern with the manner in which the
police obtain the evidence. Instead, the Magistrate will only concern with the
relevancy of evidence.