On The Issuance Of A Search Warrant In Writing
REGULATION ON FORENSIC AND PREVENTIVE SEARCHES Art. 5 et seq.
Forensic search and its scope
Article 5
1) Forensic search is the search of any person, hider, suspect who is under reasonable suspicion of committing or participating in or abetting a crime,
the confidentiality of a person’s private and family life in order to apprehend the accused or convicted person and to obtain traces, artifacts, signs or evidence of the crime
restricted in his/her residence, workplace, other places belonging to him/her, on his/her person, private papers, belongings, vehicle Criminal Procedure No. 5271
It is the investigation process carried out in accordance with the Law and other laws.
Reasonable suspicion
Article 6
Reasonable suspicion is the suspicion that is generally felt in the face of concrete events according to the course of life.
Reasonable suspicion is determined by taking into consideration the time and place of the search, the behavior and attitude of the person concerned or those who are with him/her, and the nature of the goods that the law enforcement officer suspects to be carried.
Reasonable suspicion requires the existence of signs supporting the denunciation or complaint. The suspicion must be based on concrete facts. There must be concrete facts that require foreseeing that a certain thing will be found or a certain person will be caught at the end of the search.
Authority to make decisions and orders in judicial searches
Article 7
A judge is authorized to decide on a judicial search. In cases where the law enforcement agency requests a search warrant, it prepares a detailed and reasoned report stating the reasons for reasonable suspicion and applies to the public prosecutor.
A search may be conducted with the written order of a judge or, in cases where the delay is inconvenient, the written order of the public prosecutor or, in cases where the public prosecutor cannot be reached, the written order of the chief of the police force.
In cases where the public prosecutor cannot be reached, upon the search and seizure carried out by the written order of the chief of the law enforcement officer, a detailed report indicating why the public prosecutor could not be reached and by which means the public prosecutor was searched shall be prepared by the relevant law enforcement officers and attached to the relevant investigation document.
A search warrant may not be issued by law enforcement officers in residences, workplaces and closed areas not open to the public. The search in these places may only be conducted with the written order of a judge or, in cases where delay is inconvenient, with the written order of the public prosecutor. (Repealed sentence: OG-29/4/2016-29698) (…) The search conducted with the written order of the law enforcement officer and its results shall be immediately notified to the Chief Public Prosecutor’s Office. In cases where the public prosecutor cannot be reached, a search may be conducted outside of residences, workplaces and closed areas that are not open to the public upon the written order of the chief of law enforcement.
In the search request, decision or order
a) The act constituting the reason for the search,
b) The person to be searched, the address of the residence or other place where the search will be made or the goods,
c) The period of validity of the decision or order,
d) Whether or not to confiscate the item to be searched in case it is obtained,
shall be clearly indicated.
The chief public prosecutor’s offices shall assign a public prosecutor on duty for twenty-four hours in order to make decisions regarding the search.
Search to be conducted without a decision
Article 8
A separate search warrant or decision is not required in the following cases:
a) In the search to be carried out on the person who has an arrest warrant or warrant or warrant of arrest or warrant of compulsion against him, and in the search to be carried out in his residence, workplace, place of residence, their annexes and vehicle for the purpose of his arrest when the fugitive for whom an arrest warrant in absentia has been issued is caught,
b) In the rough body search to be carried out with the written order of the judge or the public prosecutor or directly by the law enforcement officers in order to prevent the person apprehended from harming himself, others or the law enforcement officers who carry out the arrest,
c) In the body search of the detained person before being placed in the detention room,
d) In the searches to be conducted for the purpose of apprehending persons who are fleeing from the hands of law enforcement officers after being lawfully apprehended for any reason, or in the vehicles, buildings and annexes they enter during the pursuit for the purpose of apprehending the perpetrator of a crime that is being committed or has just been committed or where there are indications that it has just been committed,
e) (Amended: RG-29/4/2016-29698) 1) Within the scope of the second paragraph of Article 9 of the Anti-Smuggling Law No. 5607, in the search of the persons suspected of hiding contraband in customs halls and customs gates by customs officers for customs control purposes,
2) Within the scope of the third paragraph of Article 9 of the Anti-Smuggling Law No. 5607, within the scope of the third paragraph of Article 9 of the Anti-Smuggling Law No. 5607, persons and all kinds of transportation vehicles to be encountered in the customs area where it is forbidden to enter, exit and pass from places other than the doors and roads determined in accordance with the Customs Law are stopped by authorized officers and the goods, cargo and persons and their transportation vehicles, if any, are searched,
f) In order to enter residences, workplaces and residential areas and their annexes in order to eliminate the danger to the life of the public or persons or upon calls for help from closed places, in order to enter residences, workplaces and residential areas and their annexes, in searches made in case of being caught red-handed, in order to eliminate the danger to the life of the public or persons or in order to enter residences, workplaces and residential areas and their annexes.
T.C.
……..
REPUBLIC ATTORNEY GENERAL’S OFFICE
NUMBER : …. / Muh.
SUBJECT : It is about issuing a Search Warrant in writing.
PROVINCIAL POLICE DIRECTORATE
……………..
According to the content of the notification report attached to the top letter of the Provincial Directorate of Security dated …/…/….; It is understood that it is recorded that … son, …d.lu, …. has smuggled cigarettes and goods in his house at the address numbered, that there is reasonable suspicion with this nature, and that the time requested to be searched is on the weekend and out of working hours, and that there is a case of inconvenience in delay;
The search of the suspect’s home and workplace on …/…/…/…., on the day of …/…/…., for one time during the daytime, is authorized in writing in accordance with Article 20, Article 21 of the 1982 Constitution, Article 119 of the Code of Criminal Procedure (CPC) No. 5271, and Article 7 of the Regulation on Judicial and Preventive Searches. …/…/…. Time : …..
…………….
Public Prosecutor
NOTE: 1-According to Article 119/4 of the Code of Criminal Procedure (CPC) No. 5271;
Two persons from the council of elders or neighbors of that place to be present during the search,
2-According to Article 7/4 of the Regulation on Forensic and Preventive Searches
“Forensic Search Report” to be submitted to the approval of the judge in charge within 24 hours
to be sent to our Chief Public Prosecutor’s Office as soon as possible.
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