Yes, cops can check your phone

 KUALA LUMPUR: The police have the right to check an individual’s mobile phone should there be a police report lodged against that person, an investigation on the individual, or if they suspect the individual is involved in a crime.

Inspector-General of Police Tan Sri Razarudin Husain said this is in accordance with Section 3(3) of the Police Act, which outlines the role and responsibilities of the police.

“Furthermore, the police have the right to check a person’s mobile phone if they suspect the individual or have received information indicating that the person may have committed an offence, as outlined in Section 23(1) of the Criminal Procedure Code (CPC),” said Razarudin.

He was responding to a recent viral video in which a man complained about the frequency of mobile phone checks by the police.

Razarudin explained that the police are also permitted to check a mobile phone to ensure there is no lewd or threatening content on the device.

“Section 249 of the Communication and Multimedia Act 1998 gives the authorities access to computerised data, including a mobile phone.

“Section 116B of the CPC grants the authorities access to a mobile phone, classified as computerised data, when checking a person who is suspected of committing a crime.

“However, such authority is given to police officers with the rank of Inspector and above,” he said.

Under Section 20(g) of the Police Act, Razarudin said it gives police officers the authority to compel an individual to provide information when asked.

“Therefore, no one can question the police’s authority to check a mobile phone during roadblocks.

“However, these checks must be conducted respectfully and in accordance with existing laws. They should not be carried out randomly or without reasonable cause,” he added.

The IGP said Section 292 of the Penal Code could be used to inspect mobile phones if a person is found with lewd and obscene materials.

“It is an offence that enables an arrest without a warrant.

“Having an online gambling application on a mobile phone is also an offence that enables an arrest to be made without a warrant under the Open Gaming House Act 1953,” he said.

“Checks without a warrant can be conducted if an officer has reason to believe that delaying the search to obtain a warrant could compromise the investigation, such as destruction of evidence.

“In such cases, the police may seize the mobile phone first and inspect it later.

“Refusing to cooperate could result in detention for obstructing the police.”

He also said the act of taking and inspecting a mobile phone belonging to members of the public must be based on a relevant investigation or if the police officer suspects that the individual has committed an offence.

“If the police ask for your mobile phone, you have the right to ask why they are requesting it and under what law you are being investigated.

“It’s also advisable for the phone’s owner to be present when the device is being taken, unless the individual is being detained and the phone is seized,” he added.The IGP also advised the public to file a complaint or a police report if they are the subject of random checks without reasonable grounds.

“We don’t want the public to be subjected to unreasonable checks without any basis or grounds.

“If they encounter such incidents, report it immediately,” Razarudin added.

Rakyat must also know their rights, say criminal law experts

PETALING JAYA: While the police do have the authority to inspect handphones, it cannot be conducted arbitrarily and must be grounded in specific justifications, according to criminal law experts.

Lawyer Syahredzan Johan emphasised that police powers to access personal devices are restricted to certain defined circumstances, ensuring that such checks are not performed without valid reasons.

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“The police cannot demand an individual to hand over their handphone simply to browse through it.

“They can only do so if the person is suspected of committing a crime or is under investigation,” he said.

Syahredzan, the Bangi MP, further explained that the police have the authority to examine a person’s handphone only if the individual has been arrested on suspicion of a crime.

“If one is not arrested or under suspicion of committing a crime, the police cannot check the handphone simply because they want to have a look at it. This is not allowed,” he said.

Syahredzan advised individuals stopped by the police and asked to hand over their phones to politely inquire about the specific offense they are suspected of committing.

“However, I advise against resisting if the police insist because it could lead to accusations of interfering with police duties.

“Instead, comply and file a report afterward,” he added.

The question of whether the police can randomly stop someone who has not committed any crime to check their handphone was recently brought to light in a viral video shared by a member of the public.

Following this, several netizens shared their experiences of having their handphones randomly checked at police roadblocks and in public areas.

Some of them reported that their private chats and photo galleries were examined during these checks.

Criminologist Datuk Dr P. Sundramoorthy from Universiti Sains Malaysia stated that the police generally do not have automatic or unrestricted authority to seize or check an individual’s phone without giving reasonable cause.

“The police may request access to a phone only if there is a valid reason, such as suspicion of criminal activity or when conducting an investigation under specific laws, such as the Criminal Procedure Code or the Communications and Multimedia Act,” said Sundramoorthy.

“However, this does not mean that they have carte blanche to search your mobile phone at any time.”

Sundramoorthy explained that the police can request to check a handphone only if they have reasonable suspicion that a crime has been committed or if it is part of a criminal investigation.

“Roadblocks, in themselves, do not grant the police the power to inspect personal items unless there is a justifiable reason tied to law enforcement objectives,” he added.

If a police officer demands access to a phone without a valid reason, Sundramoorthy said the individual can assert their right to remain silent or decline to comply.

“If in doubt, individuals are encouraged to remain calm and request clarification on the legal basis of the search, as well as whether they have the option to refuse,” he added.

Sundramoorthy noted that the random checking of a person’s handphone raises concerns about potential violations of the right to privacy.

Senior criminal lawyer Colin Arvind Andrew echoed this view, stating that the power to check a person’s handphone can only be exercised if there is suspicion of a crime or if the person is under investigation.

“If they are asked to hand over their phones for a check, members of the public can inquire about the reason for the request and whether they are being investigated or suspected of committing any offence,” said Andrew.

In 2019, the Home Ministry clarified that the police are not permitted to randomly check a person’s handphone.

They are only allowed to do so if the person is under investigation or suspected of committing a crime.

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In the digital dumps: technology triggers teen depression

Teenagers are unable to disconnect from their smartphones, causing them undue anxiety and distress. But according to experts, saying no to smartphones is not the solution.

Teenagers feel if they’re not on social media all the time, they’re missing something important, or will miss out on a funny conversation, or someone might say something about them, according to Nolan. — 123rf.com

Technology is how teenagers maintain relationships so Nolan advises parents to discuss and find healthy ways to use it. — dpa

"We know that people rely on smartphones. A recent study shows we touch them about 2,500 times a day on average ''

Brian Bolan, guidance director at Andrew High School in Tinley Park, Illinois.

“Nobody likes to feel a loss of control. So work with them to arrive at a mutually agreed upon reasonable amount of time to spend on the phone. Haveitbea discussion, a collaboration. That will probably yield better results than just saying, ‘No phones’.” – The Daily Southtown/ Tribune News Service 

Parents have to help teenagers turn off in a world that’s always on.

The problem with teens and ­smartphones, experts say, is “they’re always on”.

Both of them.

And that can take a toll on their mental health. A new study links anxiety, severe depression, suicide attempts and suicide with the rise in use of smartphones, tablets and other devices.

Parents are urged to help their children foster real ­relationships, the ones that involve making eye contact and ­interpreting body ­language. Local mental health experts encourage teens and ­parents to establish a routine that fosters a balance between real and virtual communication, even as many adolescents will no doubt have found gifts of technology under the tree last holiday.

For as smart as phones may be these days, they simply don’t know when to quit. To protect their kids’ mental health, parents must ­develop methods for outsmarting them, experts say, and often that involves simply turning them off.

Jean Twenge, psychology professor at San Diego State University and a graduate of the University of Chicago, has written extensively on youth and mental health. She has released a study that shows a ­correlation between the rise of the smartphone and increasing rates of depression, suicide attempts and suicide itself among teens.

According to news reports, the finding is based on CDC data and teen-issued surveys that revealed that feelings of hopelessness and suicidal contemplation had gone up by 12% during the time period and that nearly half of the teens who indicated they spend five or more hours a day on a ­smartphone, laptop or tablet said they had contemplated, planned or attempted suicide at least once – compared with 28% of those who said they spend less than an hour a day on a device.

Local school counselors and social workers as well as clinical mental health experts at local ­hospitals in the United States ­confirm they are seeing an uptick in signs of depression and/or ­anxiety among teens. But, they also say, there are things parents and professionals can do to help curb the risks.

Too much, too often

“I just came from a South Side guidance directors conference where we heard from a couple of hospitals in the area that treat ­students for depression or suicidal tendencies or high anxiety. They’re telling us they’ve seen quite an uptick, that they’re hiring staff, they’ve got longer waiting times, they’re running more programmes just to keep up with the need they’re seeing among high school kids and even younger kids,” said Brian Nolan, guidance director at Andrew High School in Tinley Park, Illinois.

Nolan said, “My belief is that today’s technology never allows children to truly disengage from their social lives. When we were kids we could hang out with our friends during the day and then at night, we’d have down time with the family or we might go shoot hoops or play Legos away from friends, so we could gain some kind of balance.”

But the smartphone’s ability to connect us all immediately doesn’t allow that social interaction to ever be turned off, he said. Some of the allure is the desire to be included, and some of it is defensive, he said.

“They feel like if they’re not on it all the time, they’re missing ­something important, or will miss out on a funny conversation, or someone might say something about them. There’s a lot of worry and concern and stress about what’s going on in social media at a time when it would be nice for a child to step away from it and not care,” Nolan said.

“We know that people rely on smartphones. A recent study shows we touch them about 2,500 times a day on average,” he said. “I use food as a metaphor. If a student is overeating or eating a bunch of junk food, you probably as a parent would have a conversation about better eating habits, the importance of exercise, moderation, things like that.”

“Cellphones are exactly the same. To tell a student you can’t use it, is the same as saying you can’t eat. That may sound extreme but that’s the ­reality. (Technology) is how they maintain ­relationships. So, it’s ­probably better to discuss healthy ways to use it,” he said.

Questions to ask your teen, he said, might include: Do you feel addicted to it? Are you checking it ­constantly? Can you set it down for awhile?

When students only ­interact via technology, Nolan said, “they’re much more likely to withdraw from healthier interactions and are more likely to be hypersensitive to what’s being posted. If they aren’t included they can feel lonely. If they are included, they can feel pressure to keep up”.

“I think parents feel bad (about this). It’s hard to attack a thing we don’t fully understand ourselves, because we didn’t grow up with it,” he added.

But, Nolan added, “modeling is a big piece of this. We as adults sometimes stop conversations with our own children because we have a text message coming in. Or we’ll text at the dinner table or while driving. So, we’re teaching our children that what comes through the phone is immediate and important and that it should take precedence over what we are currently doing”.

Equal access to good and bad

In her 17 years as a social worker at Argo High School in Summit, Illinois, Allison Bean said she’s had “a front row seat to the shift from a time where kids couldn’t wait to leave the house to hang out with their peers to the present day digital age where our kids are reluctant to leave the couch”.

“Many of my students may not have adequate clothing, food or even running water in their homes; but they have phones,” she said.

Teens, she said, “are (physically) isolating themselves more and more from their real support ­systems during a period of their lives that, even under the best ­circumstances, is very turbulent and stressful”.

Exacerbating the situation, Bean said, is that the very device that can cause depression is also giving fragile teens access to websites that can encourage them to engage in self-harming behaviours.

To complicate matters, she said, mental health experts are warning about the dangers of technology at a time when more schools are going paperless and issuing tablets to students.

“While there may be an upside to going paperless, one thing is ­certain: Our kids will be spending countless numbers of hours in front of some type of screen during the duration of their education. Headaches, tired eyes, and ­insomnia are bad for everyone. For students that are already prone to mental health issues, this too often results in truancy, low test scores, poor homework habits and ­depression,” she said.

“They are depriving themselves of the opportunity to exercise their social skills; skills that are critical for life. This is obviously dangerous in numerous ways. Not only does it dissuade students from ­leaving the confines of their rooms to engage with peers in a ­developmentally appropriate way, there are many predators online who are able to find young people who are vulnerable, isolated and desperately seeking attention,” she said.

“There’s no question mental health crises are on the rise, and at the high school level, depression and anxiety are the primary ­diagnoses that I see in our ­community,” she said.

Signs of trouble?

It’s not just technology that is causing the trouble, said Rian Rowles, chairman of psychiatric services at Advocate Christ Medical Center. In his 12 years at the Oak Lawn, Illinois hospital, the ­psychiatrist has seen the number of patients referred to the ­adolescent programme rise by more than half.

“It’s also social media. It’s very clear to me that the advent of social media has exacerbated stressors. Not just depression, but anxiety as well,” he said.

“There are stressors that go along with adolescence but you used to be able to leave the interpersonal stuff at school. Bullying used to be a school phenomenon.”

Social media, he said, can make it a 24/7 thing.

“When you’re writing and ­posting things, there’s a phenomenon in which you don’t have the same filter you might when talking on the phone or in person. I think that lends itself to more abrasive statements,” he said. “So not only is it constantly there for these kids, it’s more intense.”

Rowles said adolescents can have the same symptoms as adults when it comes to depression and anxiety: abrupt changes in sleep ability, appetite changes (usually significantly less food), social ­isolation marked by less ­communicating with friends and less participation in social or school events, and drastic or ­significant personality change, say from calm to irritable or angry.

Parents can help by reducing the amount of time a teen spends on social media, he said. Professional help typically involves teaching kids ways to develop new coping mechanisms.

Something that might surprise adults, Rowles said, is that ­overusing technology can have a detrimental affect on them, as well.

“Not as drastic, because of what kids have to deal with at school. The phenomenon I see in adults is someone who is already in my care for anxiety or depression and then they get on Facebook,” he said. “People will sort of put on Facebook things that make their life seem very wonderful and it may not be the reality but other people see that and it can ­contribute to their depression. (Facebook) makes it seem like everybody has a better life.”

Widening the lens

Technology may not be the lone culprit, and it is not necessarily bad, said Nadjeh Awadallah, licensed clinical professional ­therapist at Little Company of Mary Hospital in Evergreen Park, Illinois.

The current increase in ­depression and anxiety among teens might be attributed to a ­higher frequency of smartphone use and the fact there’s less stigma about mental health issues, Awadallah said.

“Kids are more prone to ­speaking about mental health issues than maybe they were before,” he said.

A lot of adolescents, he said, would argue that the relationships they have with people online are real relationships. “If they’re ­interacting at a high level of ­frequency, either talking with friends or playing videogames, they’re actually interacting with them,” he said.

And a phone can be a kind of “digital security blanket” in that it enables a person who is dealing with anxiety to look at their phone instead of at other people.

“It’s kind of protective if you want to be left alone,” he said.

Nevertheless, Awadallah added, there is “a great deal of benefit to interacting with somebody face to face because so much of communication has to do with nonverbal communication and giving feedback. When you’re just texting you have to imagine how the person’s voice sounds. It’s hard to deduce if someone is being ­genuine, or sarcastic. So whatever the person transplants onto the thing that they’re reading can impact their mood.

“There’s a high correlation between people withdrawing from person-to-person interaction and depression because that’s what people tend to do when they’re depressed,” he said. “So it’s kind of like a chicken and egg relationship where you don’t know if they’re depressed because they’re on ­electronic media or if they’re on electronic media because they’re depressed.”

Smartphone addiction is a form of process addiction, he said. “It’s a non-chemical addiction where ­people compulsively use the Internet or phone in lieu of self-care actions likes eating or ­sleeping,” he said.

Signs there might be a deep-­seated issue: problems at school, such as concentration, lack of ­energy, poor attendance or a drop in grades; substance abuse or superficial self-harm (such as cutting as an emotional release); and a significant decline in self-esteem.

What can parents do? Awadallah said, “Institute a routine. Make sure kids aren’t using phones or devices when supposed to be ­sleeping because exposing ­themselves to unnatural blue light that’s going to be overly ­stimulating and not let them sleep well. If they’re more invested with ­interacting online than with people in person, you need to talk.

“Nobody likes to feel a loss of control. So work with them to arrive at a mutually agreed upon reasonable amount of time to spend on the phone. Have it be a ­discussion, a collaboration. That will ­probably yield better results than just saying, ‘No phones’.”

 — The Daily Southtown/Tribune News Service

How can parents help their teens?

● Encourage downtime
● Be a good role model
● Teach your child to develop coping skills
● Institute a routine
● Mutually agree on time limits for devices and social media

By donna vickroy, The Star

Related Links:

Going big on social media - Nation | The Star Online

PressReader - The Star Malaysia: 2018-01-09

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