. Police Search Authority
General Principle: The police may decide to search a person or place based on information that a suspected crime has been committed or is being committed.
Search in Drug Crimes: Search warrants in drug crimes are generally issued based on reports, observations or other evidence.
Things to Consider During a Search:
Search Warrant: The police must always show a search warrant before conducting a search.
Presentation of Witnesses: One or two people must participate in the search process as witnesses.
Preparation of the Report: All items and documents obtained as a result of the search must be recorded in a report.
2. Detention and Arrest
Detention: If there is strong suspicion that a suspected crime has been committed, the police may detain the person.
Arrest: The court to which the detained person is referred may decide to arrest the suspect.
Rights During Detention and Arrest:
Right to a Lawyer: Everyone who is detained has the right to immediately hire a lawyer or request that a lawyer be assigned to them.
Right to Provide Information: The detained person has the right to be informed about their identity, the charges and their rights.
Right to Give a Statement: There is no obligation to give a statement. However, if a statement is given, it should be stated that it is of their own free will.
3. Collection and Evaluation of Evidence
Legality of Evidence: If evidence is obtained illegally, it cannot be used as evidence in court.
Expert Reports: Expert reports are obtained to detect narcotics.
Defense of the Suspect: The suspect has the right to defend himself/herself against the charges brought against him/her.
4. Role of the Lawyer
Strengthening the Right to Defense: The lawyer protects the rights of his/her client and provides his/her defense.
Evaluation of Evidence: The lawyer examines the collected evidence and makes a legal assessment.
Interviews with the Police: A lawyer may interview the police on behalf of his client.