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Week 6 Tutorial 5 - Topic 4 (Part 1)

The document presents two case scenarios involving police actions and potential legal issues. In the first case, Bob is stopped for riding a stolen motorcycle, leading to a search and seizure of items at a motorcycle shop, while both he and the shop owner claim illegal detention. The second case involves Evelyn, who is arrested for drug trafficking at an airport, where police conduct a search that uncovers additional illegal substances, raising questions about the validity of her arrest and the search procedures followed.

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Saivashnavi Subramaniam
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94 views1 page

Week 6 Tutorial 5 - Topic 4 (Part 1)

The document presents two case scenarios involving police actions and potential legal issues. In the first case, Bob is stopped for riding a stolen motorcycle, leading to a search and seizure of items at a motorcycle shop, while both he and the shop owner claim illegal detention. The second case involves Evelyn, who is arrested for drug trafficking at an airport, where police conduct a search that uncovers additional illegal substances, raising questions about the validity of her arrest and the search procedures followed.

Uploaded by

Saivashnavi Subramaniam
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

UCP6413 CRIMINAL PROCEDURE 1

TUTORIAL 5

Q1.
Bob was stopped by two police constables in uniform while riding his motorcycle at 2.00am
21/10/2022 in Jalan Ayer Keroh Lama, Ayer Keroh, Melaka. Upon verifying his identity and just
when he was about to leave, one of the policemen noticed that the motorcycle Bob was riding was
illegally modified with noisy exhaust and illegal lights. One policeman snatched the key to the
motorcycle while the other held Bob by the neck to prevent him from running away. The first
policeman conducted a quick pat down search on Bob however nothing else was found. A quick
check with the Melaka Police Database, confirmed that the motorcycle Bob was riding was
reported stolen two months before based on its chassis number.
At the Bukit Baru Police Station, Bob told Inspector Muhammad that he bought the motorcycle
from Kedai Motor Ah Soon in Alor Gajah, Melaka complete with modifications.
The next morning, armed with a freshly issued warrant Inspector Muhammad and a team of
policemen in plainclothes raided Kedai Motor Ah Soon in Alor Gajah. Ah Soon had attacked and
obstructed the police team thinking that they were about to rob his shop.
Upon breaking into the shop, a search was conducted and numerous motorcycle parts and several
motorcycles were found, some were believed to be stolen items. A list of all items seized was given
to Ah Soon.
Both Bob and Ah Soon say that they have been illegally detained and the search was unlawful.
As the DPP please forward your justification of police actions based on relevant provisions of law,
accepted principles and decided case authorities.

Q2
Evelyn, a female Malaysian national has been charged with trafficking in dangerous drugs under
s.39B of the Dangerous Drugs Act 1952 when she was arrested upon arrival at Kuala Lumpur
International Airport from Colombia.
Officers from the Immigration Department and the police found 1000 grams gross weight of white
powdery substance suspected to be methamphetamines hidden in the false bottom of one of her
luggage. She was immediately put into handcuffs and led to a small room guarded by a
policewoman. The police suspected there could be more of the offending item, so a search was
conducted on her in the presence of ASP Anisah in which a further 30 grams net weight of the
same was found taped and concealed under both her breasts.
Both offending items were seized and a search list was issued to Evelyn upon completion of search.
Discuss the validity of her arrest and the proper procedures with regards to search and the possible
types of search conducted by the police.

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