IN WHAT CASES CAN THE POLICE (LAW ENFORCEMENT AGENCIES) STOP PERSONS AND VEHICLES?
According to Article 4/A of the Law on Police Duties and Authorities;
Police, their contacts and vehicles;
1) Preventing the commission of a crime or misdemeanor,
2) To ensure the capture of the perpetrators who fled after the crime was committed, to identify the perpetrators of the crimes or misdemeanors committed,
3) To identify persons who have been given an arrest warrant or a decision to bring them by force,
4) It may stop people and vehicles in order to prevent an existing or possible danger to people’s lives, body integrity or assets, or to society.
The police have the authority to stop persons and vehicles if one of these four reasons specified in the law is found. In addition, provincial, district and parish gendarmerie commanders and gendarmerie station commanders perform duties and exercise authority such as police in places where there is no police service.
CAN THE POLICE (LAW ENFORCEMENT AGENCIES) ARBITRARILY USE THE POWER OF INTERCEPTION?
The police cannot arbitrarily use the power to stop. A stop operation cannot be performed in such a way as to provide continuity, create an actual situation and arbitrariness. In order for the stop authority to be used, a reasonable reason must be found based on the experience of the police and their impression of the current situation. In this case, the law enforcement agency will evaluate and appreciate the state of the events in which it is located, and if it reaches a reasonable doubt according to its mind and logic, it will be able to use this authority on its own and thus be able to do its job.
WHAT ARE THE DUTIES OF THE POLICE AT THE TIME OF THE STOP THAT THEY SHOULD DO FIRST?
The police primarily inform the person they stopped about the reason for the stop. The policeman needs to identify himself by saying that he is a law enforcement officer, and he may be asked to show his duty ID. In addition, the law enforcement agency, if it deems it necessary, may ask the person it has stopped questions about the reason for the stop, and may also ask the person it has stopped to provide their identity or other documents required to be kept.
HOW LONG DOES THE POLICE STOP OPERATION TAKE?
The duration of the stop depends on the reason for the stop, it cannot be more than the time required to perform the main operation. Persons and vehicles are allowed to leave if the reason for the stop has disappeared. How long this period will be depends on the events. In general applications, these periods do not exceed one hour.
HOW ABOUT THE POLICE ASK FOR IDENTIFICATION AND DO IDENTIFICATION?
The police, in the performance of their duties, after showing the document establishing that he is a policeman, may ask people for his identity. People who do not have their identity with them are given the necessary convenience to prove their identity. Due to the absence of a document, refraining from making a statement, or making a statement contrary to the truth, or by otherwise holding an unidentified person, the Public Prosecutor is immediately notified of the situation. This person is detained until his identity is clearly understood and, if necessary, arrested. In the event that the identity of the person is established, therefore, his detention or arrest is immediately terminated. After the necessary procedures have been taken to ensure that the records of unidentified persons are jul-tained to the population because they are not registered with the population, photographs and fingerprints are detected and recorded. If it is understood that the unidentified person is a foreigner, the transaction is made in accordance with the provisions of the Passport Law and the Law on the Residence and Travel of Foreigners in Turkey.