In Tan Kay Teck & Anor v AG[1957] MLJ 237,

- objective test is to be used to determine whether the complaint is

reasonable or not.
- In this case, the sub-contractor complained to the police that he was
confined by the contractor in a room to discuss payment for the work
done but the sub-contractor refused to accept the lower payment.
- The contractor was arrested and charged for wrongful confinement
to extort money provided in section 347 of the Penal Code. However,
the contractor was acquitted and discharged.
- The contractor then claim damages for wrongfularrest. The court
held that there was no reasonable complaint on the facts. The
wordings “credible information” means information that is reliable or
canbe believed.
- It means any information which in the opinion or judgment of the
policeofficer appear or entitled to be given credit. It must be noted
that a bare assertionwithout anything more cannot amount to
credible information.

- In Hashim bin Saud v Yahaya bin Hashim & Anor[1977] 1 MLJ 259, a
report was lodged that an electric generator was stolen. The plaintiff
was arrested without a warrant based on the information given by
the informant for a stolen cement mixer.
- The plaintiff brought an action against the defendants for wrongfuld
etention. The court held that the information against the plaintiff
was credible and the information given by the informant was proved
to be reliable as it led to arrests. While the wordings “reasonable
suspicion” can be illustrated in the case
-
- Tan Eng Hoe v AG[1933] MLJ 150. In the case, the applicant was
mistakenly arrested for a cheating case as he fitted the description of
the offender, Seah EngTan, where both of them stayed at the same
hotel at the material time, were about he same age, both were from
 Malacca, their name sounded familiar and they wore similar clothes
and carried black bags.
- After further investigation, the police found that the applicant was
mistakenly arrested.
- The applicant sued for wrongful arrest.
- The court held that a reasonable man would have suspected the
applicant being theoffender under such circumstances as there were
so many similarities. Thus, thepolice were justified in arresting him
without warrant.
- Other situations where a police officer may arrest without warrant
whichprovided under section 23(1) paragraph (b) to (k) are:(b) any
person in possession of any implement of housebreaking without
alawful excuse.