What are our rights? - Can our homes be raided just like this?

[arturo]

Guys....my rented house was raided last nite. i was in my room watching a movie while enjoying a cold one when somebody knocked my room door at about 12midnite. opened the door n a fekker shoved his kad kuasa into my face and asked me whether i was alone. i said i'm alone n he said he wanted to check my room. i asked if he has a warrant n he said "ada la. mesti la ada" but didnt show it to me. he pushed himself into my room n looked around then went out n upstairs to my housemate's room.

FYI...i'm renting a room with 2 other chinese guys and all the fekking intruders were not in uniform.

there were 2 other guys loitering about my hall n they both smiled at me but i ignored them n went upstairs to find out wats happening with my housemates. turns out 1 of my housemates brought an indon muslim back for the nite n the fekker(from now on the bastard son of a newt who shoved the kad kuasa into my face shall be reffered to as fekker) started to ask for all our ICs. i didnt give the fekker mine and asked him why should i give him my IC. he once again shoved the kad kuasa into my face. i wanted to take the kad kuasa for a better look but he said "asal mau tengok lama lama? tak yah tengok lama lama. bawak IC sini. i took my IC n showed it to him but didnt pass it to him. he forced me to pass the IC to him cos he said "bawak sini IC tak yah pegang pegang. u tak mau problem bawak sini"

then the fekker gathered all 3 of us n the indon n my other housemate's gf(christian) and said he will now bring us to the balai polis. i asked him on what charges and are we under arrest. he said "u mau follow u follow. u kena follow. u orang pigi tukar seluar lepas tu masuk van kat luar" to me that sounded like a threat whereby if i said i will not follow, i would get into trouble with mister kad kuasa bearer.

we all got changed and got into the van. as i was locking up the front door the fekker asked me to lock the gate n i said ini arahan jugak ke? n i purposely left the gate open n got into the van. he was seriously pissed with me cos i was the one who asked him hell lots of questions( i counted 4 times whereby he answered by saying "ini kad kuasa saya nampak?"

the then drove us to the police station(the fekker, the driver, a malay lady and another guy) all un-uniformed and with no name cards or whatever sign they were with the authorities. when we arrived, they made us wait for about half an hour in the van then asked my housemate and his christian gf and I to follow them into the police station. again made us wait about half an hour before the malay lady came up to us and asked us to sign a form saying "catatan tangkapan, arahan hadir" n she explained that it we were "invited" to go to court on the 2nd of november to be witnesses. we signed and she said we were free to go. as we were walking out of the station, the fekker looked at us all high n mighty and said "u orang bersubahat u tau tak?" i looked at him n just walked out. malas mau layan.

it was 1AM plus n they expected us to walk home??? my housemate went to see the van driver n asked him to send us back. he didnt want to but my housemate said how can u do this? u bring us here like criminals n then dont let us drive ourselves here n now u expect us to walk back home? i think the driver was worried we'd make some hoo ha so he agreed to send us back. the fekker followed us in the van as my other housemate n the indon muslim was still in the van. then when we reached, the fekker again in his all high n mighty tone n pattern said "u orang bersubahat. bawak perempuan tak kisah christian ke apa nanti kena pukul dengan orang kampung baru tau" i lagi sikit mau whallop the fekker's face but lucky my housemate pushed me out of the van

they took my 3rd housemate n the indon muslim along with them. i found out last nite they brought them to the jabatan islam in johor n made my 3rd housemate stay there in a room. he only just got home an hour ago.

i have a few questions here

1. can they barge into my house just like that and force their way into our rooms n take photos of all the rooms?
2. can they hold onto my IC n force us to go to the police station(the fekker didnt return my IC till he made us sign the witness form)
3. can they hold a non-muslim at the jabatan islam overnite?
4. the indon muslim is an indonesian citizen. can they arrest her for this?
5. do i have to go for the court case and what will happen if i dont go?

Now i know first hand how Randal and Carole Barnhart felt when their hotel room was raided while they were vacationing in Langkawi back in 2006..

http://news.bbc.co.uk/2/hi/asia-pacific/6228125.stm

 

[SataniC]

1) sounds like a raid on religion issue for indecent behaviour between a muslim male and/or female...usually this type of raid must be accompanied by a religious officer...but they only have the right to take action if one or both party involved is a muslim, they must 'tangkap' the defendant(s) with 4 religious officer following suit into the said room...

was the indon girl muslim? from your story only 1 fekker went up to 'raid' the room...to make the 'religious raid' legit, like i say must have 4 witness seeing or assuming what had happened in the room...

what documents did you actually signed? only to become part of investigation/witness or?? usually i don't sign/accept unless they told me what was the purpose of the raid/arrest and the base of the said charges..and since all 5 of you were arrested together, you should be told of the charges in a group instead of mano a mano to ensure no 2 side of a story...

2) since he didnt show any warrant/police id card, they can only request for your I/C but not to hold on to it only to be returned after signed agreement...afaik

3) well like i said...as long as one of the party is a muslim yes, but not to an extend of overnite...only to take down report to be use for prosecution for the non muslim party...but since it was not a local...NO

4) like i said bro, if not a Malaysian, they cannot do much...this is just stupid...get a lawyer and see if you can instead show the cops your document to press charges for their stupidity

5) yes...if you don't go, you might be charged for not showing up...

Im no lawyer, but this is basically and overzealous fekker who might have a daddy issue when was growing up...

---------- Post added at 05:31 PM ---------- 6 hour anti-bump limit - Previous post was at 05:28 PM ----------

 

[joethurr]

Best if you check with your lawyer. You may have signed on some malicious document. Just out of curiosity, is the place where you renting a room, near a village or something? Did someone purposely complain about ur friend and the girl? or was it jealousy/ revenge motivated by the girls ex-bf?? or worse still, was the girl in on it? to get the guy to marry her?

 

[^pomen_GTR^]

errrr....actually to raid like that they should have official policemen wearing uniforms tagging along....


coz my house once kena like this...(but they target the wrong person coz we just moved in 7days earlier).....but in my case they weren't rude plus theres 2policeman accompany them...so it shouldn't be a problem to allow them checking my house....

but in your case....(If it was me....i woulnd't open the grill untill proper police came to approve them entering your house)..what if that person was a robber???bring knive or parang or pistol when inside stab or just shoot all of u????


*certainly....they can charge your friend with that indon girl...
*citizen or not muslim still can be charged (plus if it was illegal)
*they can't barge into your house without permission/under supervision of official policeman
*well if u want fight about them trespassing,u should lodge a police report about their manners and story of them trespassing as well as holding your ic's(coz they not policeman..they didn't have power to keep your ic's)

p/s:that is from what i know....pls wait for more detailled comment from a proper expert person in this issue

 

[arturo]

there was no uniformed police officers present n i have no idea what happened at the gate.when the guy knocked my room door baru i know we were being raided.the guy who opened the door for them is in sort of a shock state rite now so i will need to ask him what happened when he's better(he's the guy who was detained overnite).

the other few guys who was loitering downstairs that time also didnt look like police officers at all. they looked more like kampung guys trying to kepoh around.

Joe...the house isnt in a kampung area but a taman...but it is pre-dominantly muslim area tho. in the whole row of house...only 1 other chinese, 2 indians n the rest malays. never had any problems before with anybody. always have nice chats when meet them outside. we do suspect 1 house...they just moved in a few months back n they're t'gganu bachelors. they normally dun wanna layan us when we tegur them n when we go out, can see they will look n stare. but this is just guesswork. no proof.

Satanic...the guys upstairs told me both their gf were chatting in another room together(FB-ing) when they went into the room so technically they werent tangkap-ed basah but as i understand...as long as under same roof...is considered basah already? not so sure about this cos i've seen muslims renting houses but co-ed.

Pomen...thats y i screwed my housemate la..simply open the door for wat...steel grill door with 2 padlocks if they bang down oso cant la. could've called me out n discuss then call the police to confirm first mah. i guess that feller panic aredy since he know he in trouble.

i'll be calling the BAR council later to check what are the proper procedures and what are our rights in this sort of situation. too many fekking half studied egoistic little napoleans running around.

I've been told that if they raided and no muslims were around we can sue them for trespassing? one guy even said u can chase them out with a broom cos its our right since it's our house.

 

[csl]

You should put you mobile phone at recording mode in front of him and say you don't know what is the purpose of that surat kuasa and who authorized it and what is the coverage. You don't even know if it is fake because you heard police also got fake. For your personal safety purpose, you have to call the police. You should then insist of calling police to come to verify before you pass anything to him or follow his order (call 999 and tell got unknown people come into the house and ask for IC. Say you worry of being kill). If they don't let you to call police, you can make a report on them later.

You are lucky that they are real. If they are fake, you already gone. Next time don't be so careless. And ass of the one who open the house door should get chewed.

 

[xtremeleo]

they cant just barge into the house like dat sir, get the court dat gave then the warrant and ask them to state the power of dat warrant. they have to show u the warrant first, and allow u to read it before they can enter sir. i suggest u sue the bastard dat barged in, biar dia tau sket..

on the other hand, ur housemate shudda know better then to smuggle dat indon in, and put all dis hell-ish experience to u guys.. u NEED to remember, people are looking sir. one NEEDS to be careful of what he is doing

 

[arturo]

CSL...yah...i seriously screwed both of them(found out just now they were both at the grill door talking to them n let them in cos panic)

Leo...actualy i talked to somebody in legal aid...the guy said i could try to sue them but it would take too much time and too much $$$ and the chances of winning are slim as the house was caught "wet". he advised against it. besides. i doubt there was even a warrant. normally if ppl call up to complain bout khalwat cases they where got warrant? i would really really like to face the fekker in court n see how he cringes when he kena pay me for damages but it seems it wont happen. the legal aid guy said i wasnt arrested and only made a witness which makes it even harder to sue him. with this its now my word against the fekker on how i was made a witness. i really shouldve recorded the whole thing.

something i found. the red book. keep it. i made the mistake of being stupid. he cannot force me to follow him to the police station if i am not under arrest n the only reason is to get my signature as a witness.

http://www.malaysianbar.org.my/index.php?option=com_docman&task=doc_download&gid=2217&Itemid=332

but something is still nagging me...i dont even know if that fekker was police or not(cos the legal aid guy said the kad kuasa can be given to any government officer such as customs or immigration but i suspect he was with JAIS)! and there r a lot of conflicting points on whether a warrant is needed or not when a kad kuasa holder wants to raid a house. anybody can clear this up?

 

[mizunori77]

i have a few questions here

1. can they barge into my house just like that and force their way into our rooms n take photos of all the rooms?
2. can they hold onto my IC n force us to go to the police station(the fekker didnt return my IC till he made us sign the witness form)
3. can they hold a non-muslim at the jabatan islam overnite?
4. the indon muslim is an indonesian citizen. can they arrest her for this?
5. do i have to go for the court case and what will happen if i dont go?

To answer your question,
1. No. There must be a warrant. If there is no warrant, whatever they find in your house or whomever they find in your house CAN NOT be produced as witness/evidence in court BUT this is malaysia. apa pun boleh.

2. No. Even if they have a warrant for your arrest, they are not supposed to hold your IC and force you to sign anything that you do not want to.

3. No.

4. No. Our laws do not apply to foreigners. They can only inform Indonesian Embassy. They can not arrest him/her for religious laws that only applies to Muslim Malaysians.

5. You can talk to a lawyer about this. The Malaysian Bar Council is a good place to check with. They will help you to defend your rights as a Malaysian who was coerced into doing something that you did not wish to do.

although PDRM 'walk sideways' and the law may not be able to protect you all the time, it is still better for you to talk to a lawyer.

by the way, i am a news editor. if you wish to highlight this matter in the press, i will be happy to help you.

 

[xtremeleo]

dia case of penyalahgunaan kuasa shud be highlighted sir, dont let them get away with it. trust me, he violated ur rights and can be sued big time. i suggest u sue the person and not the authority sir, u have ur witness also

 

[Starkiller]

Arturo bro, they just gila kuasa. I think if they were raiding with excuse of religion i think it could have been done in a more proper way & yes they do need a warrant.

 

[ACQ2305]

It seems like the 'religion' is above the law..
Anything that is for that religion is ok, not wrong..Haihh..

 

[jombiee]

Pls dont let these mofo get away !!!

 

[JINEIL2EN]

...hmm... tot u all know the "Aku lah waran!!!".... happen in every places in malaysia la... wat to do...

 

[xtremeleo]

It seems like the 'religion' is above the law..
Anything that is for that religion is ok, not wrong..Haihh..

if dis is a type of provoke, i suggest u put an end to it asap sir.. iam a muslim, and i dont think dis is right. there ware ways to do dis properly, and islam doesnt promote us muslim to disturb others. i apologise if i offended u, but provocation doesnt help imo