Search And Seizure Request.
SEARCH AND SEIZURE
The Code of Criminal Procedure stipulates that a search warrant may be issued for the search of the suspect’s or defendant’s person, belongings, residence, workplace or other places belonging to the suspect or defendant, if there is reasonable suspicion that the suspect or defendant may be apprehended or evidence of a crime may be obtained.
A search warrant may also be issued for the search of the person’s person, belongings, residence, workplace or other places belonging to another person in order to apprehend the suspect or the accused or to obtain evidence of a crime. In these cases, the execution of the search is subject to the existence of facts that allow it to be assumed that the person searched or the evidence of the crime is present in the specified places. This limitation does not apply to the places where the suspect or accused person is present and the places he or she enters during surveillance.
TO THE JUDGE OF THE … CRIMINAL COURT OF PEACE
File No : …/… D. İş
PETITIONER :
REPRESENTATIVE :
SUBJECT : Search and seizure request.
EXPLANATIONS :
1-) A criminal complaint was filed against the suspects … … and … … … for unauthorized photocopying of some books belonging to our client’s publishing house …. The Public Prosecutor’s Office has filed a criminal complaint against the suspects … … and … … … … for photocopying some books belonging to our client’s publishing house without permission, and the Prosecutor’s Office has only taken the statements of the suspects; no search was conducted at the workplace of the suspects and no seizure of evidence that could be obtained as a result of this search.
2-) Although the investigation against the suspects is ongoing, the fact that there has not yet been a search and a seizure as a result of this search within the scope of the investigation; Considering the possibility that the evidence that may be obtained may be destroyed by the suspects, it may adversely affect the course of the investigation, and the search to be carried out in the workplaces due to this activity and the evidence that can be obtained within this framework and their seizure for protection will make important contributions to the progress of the investigation.
3-) For the reasons stated above, it has become necessary to apply to your court for permission to search the workplaces of the suspects and to seize the evidence related to the action subject to the complaint in case evidence is found as a result of this search.
CONCLUSION AND REQUEST : For the reasons explained above, we request and demand that your court issue a search and seizure order on behalf of our client. …/…/…
Petitioner’s Representative
ATT.
You can access our other article examples and petition examples by clicking here.