Malaysia legislation
Section 42
Section 42
(2)
Without affecting the generality of subsection (1), the warrant issued by the Magistrate may authorize the search and seizure of —
33
(a)
copies of any books, account or other documents, including computerized data, which contain or are reasonably suspected to contain information as to any offence so suspected to have been committed; or
(b)
any other document, equipment, instrument or thing that is reasonably believed to furnish evidence of the commission of the offence.
(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)
or section 43 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 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 the reason of its nature, size or amount, it is not practicable to remove any book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or thing seized under this section, the seizing officer shall by any means seal such book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or thing in the premises or container in which it is found.
(7)
A person who, without lawful authority, breaks, tampers with or damages the seal referred to in subsection (6) or removes any book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or thing under seal or attempts to do so commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding six months or to both.
34
Search and seizure without warrant