Petition To Appeal A Search Warrant
… TO THE CRIMINAL COURT OF PEACE,
File No: …/…
SEARCH DECISION
OBJECTING SUSPECT :
DEFENDANT :
SEARCH DATE :
SUBJECT : It is about submitting an objection to the search warrant.
EXPLANATIONS :
1-) A search was carried out by the police teams coming to the suspect’s office on the date of … based on the investigation into the crime of drug trafficking to the client suspect, and … package of stimulant substances were seized in the search made in the suspect’s office with … drugs found on the suspect (ANNEX 1). (ANNEX 2)
2-) Articles 116 and 122 of the Code of Criminal Procedure regulate judicial searches. This measure may be applied by searching the suspect’s or defendant’s person, belongings, residence, workplace or other places belonging to the suspect or defendant in the presence of reasonable suspicion of arrest or obtaining evidence of crime. In these cases, in order to conduct the search, there must be events indicating that the person sought or the evidence of the crime is present in the specified places.
In the search decision or warrant; the act constituting the reason for the search, the person to be searched, the address of the residence or other place to be searched or the goods, the period of time that the decision or warrant will be valid, must be clearly shown. However, in the decision given by your Court dated …. (Annex 3), the act constituting the reason for the search and the information on which criminal items will be searched are not clearly indicated and the decision is only sufficient to say “based on an investigation”. However, there is no information as to which suspicious circumstances led to such a search in the suspect’s house.
3-) When all these issues are evaluated as a whole; it has become necessary for us to request the removal of the search and seizure decision in question due to its violation of the law and procedure.
LEGAL GROUNDS : 5271 S. Code Art. 116, 119, 120
CONCLUSION AND REQUEST : For the reasons we have tried to explain above, we request by proxy that the search warrant against the suspect be lifted. …/…/…
ANNEXES Suspect Counsel
ATTY.
…dated search report
seizure report dated …
court decision dated
… approved power of attorney sample
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