IN WHAT CIRCUMSTANCES CAN POLICE (LAW ENFORCEMENT) STOP PEOPLE AND VEHICLES?
According to Article 4/A of the law on police duties and duties;
Police, persons and vehicles;
1) prevent the commission of a crime or misdemeanor,
2) ensure the capture of the perpetrators who escaped after the crime was committed, identify the perpetrators of the crimes or misdemeanors committed,
3) identify people who have been given an arrest warrant or a decision to bring them by force,
4) it may stop persons and vehicles in terms of the life, integrity or property of persons or in order to prevent an existing or possible danger to society.
Police have the power to stop people and vehicles if one of these four reasons is found in the law. In addition, in places where there is no police organization, Provincial, District and parish gendarmerie commanders and gendarmerie police station commanders perform duties such as police and use authority.
CAN THE POLICE (LAW ENFORCEMENT AGENCIES) USE THE STOP AUTHORITY ARBITRARILY?
The police cannot arbitrarily use the power to stop. It cannot be stopped in such a way as to create continuity, actual situation and arbitrariness. In order for the power to stop to be used, there must be a reasonable reason based on the experience of the police and the impression obtained from the current situation. In this case, law enforcement will evaluate and evaluate the situation of the events in which it is located, and if it reaches a reasonable doubt according to its mind and logic, it will be able to use this authority spontaneously and thus perform its duty.
WHAT ARE THE FIRST PRIORITIES OF THE POLICE AT THE TIME OF THE STOP?
Police will first inform the person they stopped about the reason for the stop. Police are required to identify themselves by saying he is a law enforcement officer, and he may be asked to show his duty ID. In addition, law enforcement may ask questions about the reason for stopping the person it stops, if it deems it necessary, and may also ask the person it stops to submit their identity or other documents that need to be kept.
HOW LONG DOES THE POLICE STOP?
The stop time depends on the reason for the Stop cannot be more than the time required to perform the underlying operation. People and vehicles are allowed to leave if the reason for the stop disappears. How long this period will be varies according to events. In general applications, these periods do not exceed an hour.
HOW ABOUT THE POLICE ASKING FOR IDENTIFICATION AND IDENTIFICATION?
After the police show the document determining that he is a cop, while performing his duty, he can ask people for his identity. People who do not have an identity are given the necessary convenience to prove their identity. Because of the absence of a document, the refusal to make a statement or make a statement contrary to the truth, or otherwise the unidentified person is held and the public prosecutor is immediately notified of the situation. This person is detained until his identity is clearly understood and arrested if necessary. If the identity of the person is determined, therefore, the state of detention or arrest is immediately terminated. Because it is not registered records a population of unidentified persons for the supply of the necessary operations are completed, photo and fingerprints are identified and recorded. If it is understood that the unidentified person is a foreigner, the transaction is carried out in accordance with the provisions of the Passport law and the law on the residence and travel of foreigners in Turkey.
