Malaysia legislation
Section 45
of Act 627
Section 45
Powers of entry, search and seizure
(a)
enter any premises and there search for, seize and detain any property, apparatus, equipment, machinery, computer, computer output, data, book or other document;
(b)
have access to, inspect, make copies of, or take extracts from, any computer, computer output, book or other document so seized and detained, including access to any program or data held in any computer or have access to, inspect or check the operation of any computer and any associated apparatus or material;
(c)
take possession of, and remove from the premises, any equipment, apparatus, machinery, property, computer, computer output, data, book or other document so seized and detained;
(d)
search any person who is in, or on, such premises, and for the purpose of such search detain such person and remove him to such place as may be necessary to facilitate such search, and seize and detain any equipment, apparatus, machinery, property, computer, computer output, data, book or other document found on such person;
(e)
break open, examine, and search, any article, container or receptacle, including accessing into a computer; or
(f)
stop, detain or search any conveyance.
(2)
In exercising his powers under subsection (1), an investigating officer may if it is necessary so to do—
(a)
break open any outer or inner door of any premises and enter thereinto;
(b)
forcibly enter such premises and every part thereof;
(c)
remove by force any obstruction to such entry, search, seizure, detention or removal as he is empowered to effect; or
(d)
detain all or any person found on any premises, or in any conveyance, searched under subsection (1) until such premises or conveyance has been searched.
(3)
An investigating officer shall for the purposes of this section be provided with the necessary password, encryption code, decryption code, software or hardware and any other means required to enable comprehension of any program or data held in any computer including in a form in which the information contained in a computer can be taken away and in which it is visible and legible.
(4)
A list of all things seized in the course of a search made under this section and of the premises in which they are respectively found shall be prepared by the investigating officer conducting the search and signed by him.
(5)
The occupant of the premises entered under subsection (1), or any person on his behalf, shall in every instance be permitted to attend during the search, and a copy of the list prepared and signed under this section shall be delivered to such occupant or person at his request.
(6)
An investigating officer shall, unless otherwise ordered by any court—
(a)
on the close of investigations or any proceedings arising therefrom; or
(b)
with the prior written consent of any officer of the Bank authorized by the Governor to act on the Governor's behalf for this purpose, or of any investigating officer superior to him in rank, at any time before the close of investigations, release any property, apparatus, equipment, machinery, computer, computer output, data, book or other document seized, detained or removed by him or any other investigating officer, to such person as he determines to be lawfully entitled to the property, apparatus, equipment, machinery, computer, computer output, data, book or other document if he is satisfied that it is not required for the purpose of any prosecution or proceedings under this Act, or for the purpose of any prosecution under any other written law.
(7)
A record in writing shall be made by the investigating officer effecting any release of any property, apparatus, equipment, machinery, computer, computer output, data, book or other document under subsection (6) in respect of such release specifying therein in detail the circumstances of, and the reason for, such release.
(8)
Where the investigating officer is unable to determine the person who is lawfully entitled to the property, equipment, apparatus, machinery, computer, computer output, data, book or other document or where there is more than one claimant to such property, equipment, apparatus, machinery, computer, computer output, data, book or other document, the investigating officer shall report the matter to a Magistrate who shall then deal with the property, apparatus, equipment, machinery, computer, computer output, data, book or other document as provided for in subsections 413(2), (3) and (4), and sections 414, 415 and 416 of the Criminal Procedure Code [Act 593].
Search of person