THE DIFFERENCE BETWEEN JUDICIAL SEARCH AND PREVENTIVE SEARCH
\nA search conducted for the purpose of obtaining the suspect or defendant or evidence is a judicial search. A search conducted for the purpose of preventing a crime or danger is a preventive search. In order for the police to conduct a search that exceeds their authority to stop and control, there must be a search warrant. Searches conducted without a properly issued search warrant are unlawful.
\nThe police\u2019s authority to stop people is regulated in the PVSK. Accordingly, the police have the authority to stop people for the following purposes:
\nTo prevent a crime or misdemeanor from being committed,
\nTo ensure the capture of perpetrators who escape after the crime is committed,
\nTo identify the perpetrators of the crime or misdemeanor committed,
\nTo identify persons for whom an arrest warrant or a decision to forcibly bring them is issued,
\nTo prevent a current or potential danger to the life, physical integrity or property of persons or to society,
\nWho Can Conduct a Body Search?
\n1. Police
\n2. Gendarmerie
\n3. Guards
\n4. Coast Guard Officers
\n5. Customs Enforcement Officers
\nA body search must be conducted by a law enforcement officer of the same gender as the person to be searched.
\nDuring a body search and belongings search, the subject of the search or the reason for the search is explained to the person whose body or belongings are being searched.
\nDuring a body search, the person\u2019s belongings are also searched, if possible, using electromagnetic devices, if not, using the five senses. The same provision applies to unclaimed items.<\/p>\n
If the person resists, the body and belongings search is carried out using proportionate force.
\nThe body and belongings search is carried out at the place where the person or vehicle was first stopped or in a place close to that place, as far as possible, in a way that is invisible to others. The search cannot be carried out by taking them to another place. If necessary, a law enforcement vehicle or a nearby closed place can be used.
\nDuring the body search, special papers and envelopes found on the person or in their belongings are not opened unless there is a possibility that they contain an item subject to confiscation; even if they are open, the written information cannot be read.<\/p>\n
If there is a reasonable suspicion that the person is carrying something that is not permitted by law and the purpose of the search cannot be achieved in any other way, the body search can be carried out by removing clothing as specified below:
\na) Before the search is carried out, the highest law enforcement officer on duty in that unit informs the person why this search is deemed necessary and how it will be carried out.
\nb) The search is carried out by officers of the same gender; the search is carried out by taking measures to ensure that no one sees it.
\nc) The search is conducted in a manner that will least violate the person’s sense of shame; first the upper body clothes are removed; the lower body clothes are removed after the upper body clothes are put on. These clothes are definitely searched.
\nd) Necessary care is taken not to touch the body during the search.
\ne) The search is completed in the shortest possible time.<\/p>\n
If traces, artifacts, signs or evidence related to a crime are obtained as a result of the search, the person is caught.","protected":false},"excerpt":{"rendered":"
Police or other law enforcement officers may conduct body searches with the decision of a properly issued criminal judge of peace or in cases where there is a risk of delay due to these reasons, upon a written order given by the provincial governor (PVSK No. 2559, Article 9). Police or other law enforcement officers […]<\/p>\n","protected":false},"author":12,"featured_media":3691,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_joinchat":[],"footnotes":""},"categories":[1],"tags":[],"class_list":["post-3689","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-makaleler"],"_links":{"self":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/3689","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/users\/12"}],"replies":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/comments?post=3689"}],"version-history":[{"count":1,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/3689\/revisions"}],"predecessor-version":[{"id":10281,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/3689\/revisions\/10281"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media\/3691"}],"wp:attachment":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media?parent=3689"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/categories?post=3689"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/tags?post=3689"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}