Malaysia legislation
Section 47
Section 47
Search and seizure with warrant
(a)
any premises has been used or is about to be used for;
or
(b)
there is in any premises evidence necessary to the conduct of an investigation into, the commission of an offence in relation to any Government procurement under this Act, the Magistrate may issue a warrant authorizing any authorized officer named in the warrant, to enter the premises at any reasonable time by day or night, and with or without assistance, and if need be by force.
Government Procurement 47
(2)
Without affecting the generality of subsection (1), the warrant issued by the Magistrate may authorize the authorized officer to—
(a)
search and seize any record, book, account, document, computerized data or other thing or any matter or thing that is the subject matter of Government procurement being investigated, which contain or are reasonably believed to contain information or furnish evidence of the commission of the offence;
(b)
make copies of or take extracts from any record, book, account, document, computerized data or other thing;
and
(c)
take samples of any matter or thing that is the subject matter of Government procurement being investigated.
(3)
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.
(4)
An authorized officer making a search of a person under subsection (3) 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 thing, for which there is reason to believe that they are the instruments or other evidence of the offence, and they may be detained until the discharge or acquittal of the person.
(5)
No person shall be searched except by another person of the same gender, and such search shall be conducted with strict regard to decency.
(6)
If, by reason of its nature, size or amount, it is not practicable to remove any record, book, account, document, computerized data or other thing or any matter or thing that is the subject matter of Government procurement being investigated seized under this section, the authorized officer who effected the seizure shall, by any means, seal such record, book, account, document, computerized data or other thing or any matter or thing that is the subject matter of Government procurement being investigated in the premises or container in which it is found.
Act 882
(7)
Any person who, without lawful authority, breaks, tampers with or damages the seal referred to in subsection (6) or removes any record, book, account, document, computerized data or other thing or any matter or thing that is the subject matter of
Government procurement being investigated under seal or attempts to do so commits an offence.
Search and seizure without warrant