Police Authorisation To Stop And Ask For Identification
IN WHICH CASES CAN THE POLICE (LAW ENFORCEMENT OFFICERS) STOP PERSONS AND VEHICLES?
According to Article 4/A of the Law on Police Duties and Powers;
The police may stop persons and vehicles
1) To prevent the commission of a crime or misdemeanour,
2) To ensure the capture of the perpetrators who flee after the crime is committed, to determine the identity of the perpetrators of the crimes or misdemeanours committed,
3) To identify persons for whom a warrant of arrest or an order of summons has been issued,
4) The police may stop persons and vehicles in order to prevent an existing or potential danger to the life, bodily integrity or property of persons or to the public.
The police are authorised to stop persons and vehicles in the presence of one of these four reasons mentioned in the law. In addition, in places where there is no police organisation, provincial, district and parish gendarmerie commanders and gendarmerie station commanders perform duties and exercise authority like the police.
CAN THE POLICE (LAW ENFORCEMENT OFFICERS) ARBITRARILY USE THEIR STOPPING AUTHORITY?
The police cannot use their stop authorisation arbitrarily. Stopping operations cannot be carried out in a way to create a continuous, de facto situation and arbitrariness. In order to use the power to stop, there must be a reasonable reason based on the experience of the police and the impression gained from the current situation. In this case, the law enforcement officer will be able to use this authority spontaneously if he/she reaches a reasonable suspicion according to his/her discretion, reason and logic by evaluating the situation of the events in which he/she is involved, and thus, he/she CAN perform his/her duty.
WHAT ARE THE DUTIES OF THE POLICE AT THE TIME OF THE STOP?
Firstly, the police informs the person stopped about the reason for the stop. The police officer must introduce himself/herself by saying that he/she is a law enforcement officer and may be asked to show his/her identity card. The police officer may then, if deemed necessary, ask the person stopped questions about the reason for the stop and may also ask the person stopped to present his/her identity card or other necessary documents.
WHAT IS THE DURATION OF THE POLICE STOP?
The duration of the stop may not be longer than the time required for the performance of the action that is the basis of the reason for the stop. Persons and vehicles are allowed to leave if the reason for the stop is removed. The duration of this period varies according to the events. In general practice, these periods do not exceed one hour.
HOW DO THE POLICE ASK FOR IDENTIFICATION AND IDENTIFY THEMSELVES?
During the performance of their duties, the police may ask people for their identity after they show the document identifying them as police officers. Persons who do not have their identity card with them shall be given the necessary facilities to prove their identity. A person whose identity cannot be determined due to his/her lack of documents, his/her refraining from making a statement or making a false statement or otherwise shall be detained and the Public Prosecutor shall be immediately informed of the situation. This person shall be detained and, if necessary, arrested until his/her identity is clearly established.
If the identity of the person is established, the detention or arrest for this reason shall be immediately terminated. After the necessary procedures are carried out to ensure the registration of persons whose identity cannot be determined because they are not registered in the civil registry, their photograph and fingerprints are taken and recorded. If it is understood that the person whose identity cannot be determined is a foreigner, action shall be taken in accordance with the provisions of the Passport Law and the Law on the Residence and Travel of Foreigners in Turkey.
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