Police Can T Check Our Phones Say Lawyers

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The attorney-general must issue clear guidelines on phone checks which should apply across all enforcement agencies, a lawyer said. (Freepik pic)
PETALING JAYA: Lawyers have criticised the police for claiming they can check mobile phones at will, arguing that such actions invade privacy and go against solicitor-client privilege.
One lawyer said mobile phones typically contain private chats and files exchanged between lawyers and their clients, which must remain confidential and be protected from unwarranted access.
“Legal privilege is very important. It means what a client tells their lawyer stays private,” said lawyer S Raveentharan.
He said Section 126 of the Evidence Act 1950 protects conversations between lawyers and their clients, except if they were tied to crime.
“Police cannot just check lawyers’ phones. It breaks the trust that’s so important in legal work,” he said.
He was commenting after Inspector-General of Police Razarudin Husain claimed police could check phones in the course of investigations if they suspect a crime has been committed.
Raveentharan said the police appeared to be interpreting the ambit of their powers too widely, adding it could lead to abuse. He asked if the police would also check phones belonging to judges and ministers in the course of their investigations.
“If lawyers’ phones can be checked randomly, how will we be able to protect client confidentiality?” he asked.
Lawyer and Jelutong MP RSN Rayer said police have no right to check phones unless someone has been arrested.
“If a police officer stopped me and asked for my phone, I’d surely refuse. That does not amount to obstructing police work, even if you’re not a lawyer,” he said.
Lawyer Sankara Nair called for the attorney-general to issue clear rules on phone checks. He said the rules should apply across all enforcement agencies, including immigration and the road transport department (JPJ).
“The AG, as the country’s chief law officer, should set clear guidelines on when and how phones can be searched. This is very important with smartphones and tablets being so common now,” he said.
He also warned that random searches without good reason may be challenged in court, but said evidence found in such searches could still be used in court.
“The police and public both need clear rules to avoid confusion and abuse of power,” he said.
The debate over phone searches began after a video went viral showing police officers searching an individual’s phone.
The inspector-general of police later said such checks are permissible if the police suspect the person has committed a crime. Only officers ranked inspector or higher are permitted to do so, and provided they have valid reasons.
However, rights group Lawyers for Liberty (LFL) rejected the IGP’s claim, calling it “legally untenable” and a threat to civil liberties.
LFL said such checks are only lawful if the police have reasonable suspicion targeting specific individuals. The police cannot check mobile phones except in the course of an ongoing investigation or search, it added.
The group said phone checks must be targeted at specific individuals within the ambit of a criminal investigation. The police must also have reasonable suspicion of the person’s involvement in the crime under investigation.
The group also said routine phone checks at roadblocks are prohibited by law. It said the public is entitled to refuse demands by police to hand over their phones. - FMT

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