Search On Persons -ON BODY..

Mohd Najmi Bin Mohd Zohdi 1090193

Section 17
All persons found in a place searched under warrant

in respect of any offence may be lawfully detained until the search is completed and; if the thing sought is capable of being concealed upon the person, then the persons detained may be searched for it by or in the presence of
MAGISTRATE JUSTICE OF PEACE POLICE OFFICER < INSPECTOR

Section 19(2)
Whenever it is necessary to

cause a woman to be searched the search shall be made by another woman with strict to decency.

Articles on the body..

SECTION 20 As per paragraph (a) and (b) of section 20 of the CPC, the police officer making the arrest or the police officer to whom the person arrested is handed over may search the person arrested and; All articles other than necessary wearing apparel found upon him may be placed in a safe custody; And if there is reason to believe that any of such articles were the instruments or the fruits or other evidence of the crime, they may be detained until his discharge or acquittal.

Section 20 read with section 413..

Section 413..

the seizure or finding by any police officer of property must be reported to the Magistrate who shall make such order as he thinks fit with respect to the delivery of such property.

Intimate search What? 10(1) Search which consists of the physical examination of a person arresteds body orifices other than mouth, nose and ears.

Intrusive search What? 13 1. A search involving the examination of a person arrested to determine the existence of any object inside the body or body orifices of the person including its removal 2. By Gov medical officer, or equivalent. Who? 14(1) Subject to OCPD of PDRMS approval, or equivalent. When? 13(3) 1. GMO, after receiving a copy of request for an intrusive search containing particulars of the approval of officer as soon as possible.

Who? 11 Authorized by PDRMs < ASP or equivalent When? 10(2) 1. Arrest has been made 2. Reasonable suspicion of officer, after pat down n strip search is conducted, arrested person still

Intimate search How? 12 1. If necessary, may instruct to remove all clothes. 2. IN, may instruct AP to squat over a mirror placed on the floor; n made to cough deeply > 10 times. 3. Nothing should stop, put on his clothes. Caution: i. ii. Incapability, should not performed External intervention in discharging the article from the body orifices of AP is prohibited. iii. The procedure on strip seaarch as specified under subparagraphs procedure 9 of 4th schedule shall apply under intimate search.

Intrusive search How? 15 1. AP may be taken to nearest hospital as soon as practicable for the search to be conducted accompanied by an officer. 2. The A0, (same sex) as AP, shall witness the search and shall take into custody of any weapon, object, evidence or contraband pursuant to the search 3. Things seized then shall be prepared vy the officer n signed by AP, n he shall given a copy thereof.