"Bagi saya tengok phone kejap" — do you actually have to hand it over at a roadblock?

In January 2025, the Inspector-General of Police said something that started a national argument. Tan Sri Razarudin Husain stated that any officer of inspector rank or above could inspect a person's mobile phone at a roadblock, citing the Penal Code, the Criminal Procedure Code, the Communications and Multimedia Act and the Police Act.

SUHAKAM said that wasn't right, and said so publicly within days. Its position: under section 116B CPC, an officer of inspector rank or above may access a phone only as part of a legal search in an ongoing investigation, where there's reasonable cause to believe an offence has been or is being committed. The CMA provisions require the same connection to an actual investigation. Phone inspections at roadblocks, SUHAKAM said, cannot be arbitrary.

By February, the Home Ministry had effectively clarified the position in Parliament: police do not conduct arbitrary phone inspections at roadblocks unless there's reasonable suspicion of involvement in a crime — and anyone who thinks their phone was searched unlawfully can complain to the IPCC.

So the answer to "must I hand over my phone" is: usually no, but it depends entirely on whether they have a real reason — and knowing the difference is the whole point of this article.

1. Why they can stop you at all

Roadblocks themselves are lawful.

The Police Act 1967 empowers police to maintain order on public roads and to conduct traffic stops and roadblocks, and to inspect your licence and vehicle documents. The Road Transport Act 1987 (section 79(2)) allows stopping vehicles for general inspection — road tax, licence, vehicle condition.

So being stopped is not itself something to challenge. You must produce your IC and driving licence. Failing to produce your IC can expose you to a fine or arrest. If your licence has expired or you don't have it with you, expect a summons.

That's the baseline. The stop and the document check are one thing. A search is another, and this is where people conflate them.

2. When they can search the car

A roadblock stop does not automatically authorise a search of your vehicle.

Section 24(1)(b) of the Police Act allows police to stop and search a vehicle without a warrant where there are reasonable grounds for suspecting it's being used in the commission of an offence. The Criminal Procedure Code provides similar authority where there's reasonable suspicion of involvement in criminal activity. Under the Dangerous Drugs Act 1952, where drugs are suspected, a vehicle can be searched without a warrant.

The operative words in all of it: reasonable grounds, reasonable suspicion.

That can come from observed behaviour, intelligence, or something visible. The classic illustration: police have information that a red Myvi was used in a robbery, and you're driving a red Myvi — that's a reason. "We're doing a roadblock" is not, by itself, a reason to search your boot.

In practice, the honest position is that officers at roadblocks often ask to look in a boot or a bag, and most people say yes. Consent makes the question of grounds largely moot. So the real decision you're making is whether to consent, and there are two things worth knowing before you decide:

• You can politely ask why. "Boleh saya tahu kenapa, encik?" is a legitimate question, not defiance.
• Refusing is not itself an offence, but it can escalate a two-minute stop into something much longer, and if they do have grounds, they don't need your agreement anyway.

There's no legally correct answer for everyone. A person with nothing in their car and somewhere to be usually just cooperates. Someone who feels a search is being conducted without any basis is entitled to ask for the basis.

3. Body searches — the rules people don't know

If you're searched personally rather than just your car:

• Women may only be searched by female officers. This isn't a courtesy, it's a rule.
• Body searches are conducted in the presence of an officer of inspector rank or above.
• Police may conduct a body search without arresting you where they believe you're concealing something unlawful.

If a male officer attempts to body-search a woman at a roadblock, that is exactly the sort of thing the IPCC exists for. Note the officer's name, ID number and the location.

4. Your phone: the contested one

This deserves its own treatment because it's the live issue.

The legal basis, properly stated:

• Section 116B CPC governs access to computerised data during searches conducted under the CPC. It applies to searches that are themselves lawful — in an ongoing investigation, with reasonable cause to believe an offence has been or is being committed.
• Section 116A CPC allows an officer of inspector rank or above to seize and search a phone without a warrant where there's suspicion of involvement in organised crime or security offences — a narrow category, not everyday roadblock territory.
• Sections 247–249 CMA similarly tie search and seizure of digital devices to an ongoing investigation.
• The Home Ministry has also cited section 20(g) Police Act (duty to provide information), section 23(1) CPC (arrest without warrant), and section 292 Penal Code (obscene material).

What this adds up to: the power exists, but it is tethered to an actual investigation and a reasonable suspicion about you. It is not a general entitlement to browse the phone of anyone stopped at a roadblock.

If you're asked to unlock your phone at a roadblock, a reasonable approach:

• Ask the officer's rank, politely. The powers discussed require inspector rank or above.
• Ask what offence is being investigated, or on what basis the request is made.
• If no lawful basis is offered, you can politely decline. The Malaysian Bar's guidance and independent legal commentary both proceed on the footing that these searches require grounds.
• Do not physically resist, snatch your phone back, or argue at length. That risks an obstruction allegation under section 186 Penal Code, which is a far worse problem than the original request.
• If you do hand it over, note the time, the officer's details, and what was accessed. Write it down immediately afterwards.

The uncomfortable practical reality: standing on your rights at 1am on a dark stretch of road, alone, is a different proposition from doing so in daylight with passengers. That's a judgment call about your own safety and circumstances, and nobody can make it for you. What you can always do is document afterwards and complain properly.

5. Answering questions

Section 112 CPC requires you to answer questions put by police in an investigation — with an important exception: you are not obliged to answer a question where the answer would expose you to a criminal charge.

The Malaysian Bar's Red Book ("The Police and Your Basic Rights") is the standard reference here, and it's free. Worth reading once before you need it.

Practically: give your name, IC and licence. Answer straightforward questions about where you're going. If questioning moves toward anything that might incriminate you, you can decline to answer that question, and you can ask whether you are under arrest.

"Am I under arrest?" is the single most useful question at any police encounter. If yes, you're entitled to know the offence and where you're being taken, and you should ask for a lawyer. If no, you should be free to go once the lawful purpose of the stop is complete.

6. If they got it wrong: the IPCC

This is genuinely new and most Malaysians still don't know it exists.

The Independent Police Conduct Commission was established under the IPCC Act 2022 (Act 839), came into force on 1 July 2023, and began operations on 1 November 2023. It replaced the long-stalled IPCMC proposal that came out of the 2005 Royal Commission.

Its function is to receive and investigate complaints of misconduct by members of the police force, and it reports annually to Parliament. Police are also required to refer to the IPCC any incident involving sexual crimes, or serious injury or death, in police custody.

How to complain: complaints must be in writing, addressed to the Complaints Committee, and should include:

• Particulars of the officer, if identifiable — or enough description to identify them
• Particulars of the misconduct, including date and place
• Particulars of the person affected, if not you
• Anyone else present or involved
• Any photographs or documents you have

IPCC contact: 03-8880 8811 / 8813, via ipcc.gov.my. In-person complaints are also accepted.

Why the details matter: "a policeman searched my phone at a roadblock in Selangor sometime last month" is very hard to act on. The officer's name or number, the exact location, the date and time, and any recording turn a grievance into an investigable complaint.

What to actually do

At the roadblock:

• Slow down, hazard lights, stop where directed. Interior light on at night.
• Hands visible. Don't reach into the glovebox before saying what you're reaching for.
• Produce IC and licence when asked.
• Stay polite. Tone determines how the next five minutes go more than law does.
• If asked to search the car, you may ask why. Decide whether to consent.
• If asked for your phone, ask the officer's rank and the basis for the request.
• Never offer money, and never accept a suggestion to "settle" — that's a bribery offence for both of you.

Note down, at the time or immediately after:

• Officer's name and ID number
• Location, date, time
• What was searched and what was said

Afterwards, if something was wrong:

• Written complaint to the IPCC with full particulars
• For a serious incident, also consider a police report and legal advice
• Recording police on duty is lawful in Malaysia, with limits — see our separate article See also: [Can you record PDRM when they stop you? Yes — but there's a catch](/p/record-pdrm-stop-driver-highway-evidence)