Section 45

An authorized officer entering any premises under this section may take with him such other persons and such equipment as may appear to him necessary and on leaving any premises which he has entered by virtue of a warrant under the preceding subsection he shall, if the premises are unoccupied or the occupier is temporarily absent, leave them as effectively secured against trespassers as he found them.

Without affecting the generality of subsection (1), the warrant issued by the Magistrate may authorize the search and seizure of any document, record, computerized data, digitalized data, plan, drawing, material, plant, equipment, machinery, goods, energy-using product, product, label, item or thing which contains or is reasonably suspected to contain information as to any offence suspected to have been committed or is otherwise necessary to conduct an investigation into any offence.

An authorized officer conducting a search under subsection (1)

may, for the purpose of investigating into the offence, search any person who is in or on the premises.

The authorized officer making a search of a person under subsection (4) or section 46 may seize, or take possession of, and place in safe custody all things other than the necessary clothing, found upon the person, and any other things, for which there is reason to believe were the instruments or other evidence of the offence, and they may be detained until an order by the court is issued for its disposal.

No person shall be searched except by another person of the same gender, and such search shall be conducted with strict regard to decency.

If, by the reason of its nature, size or amount, it is not practicable to remove any document, record, computerized data, digitalized data, plan, drawing, material, plant, equipment, machinery, goods, energy-using product, product, label, item or thing seized under this section, the authorized officer who effected the seizure shall by any means seal such document, record, computerized data, digitalized data, plan, drawing, material, plant, equipment, machinery, goods, energy-using product, product, label, item or thing in the premises or container in which it is found.

Act 861

A person who, without lawful authority, breaks, tampers with or damages the seal referred to in subsection (7) or removes any document, record, computerized data, digitalized data, plan, drawing, material, plant, equipment, machinery, goods, energy-using product, product, label, item or thing under seal or attempts to do so commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Search and seizure without warrant