24 Apr Appeal Against The Search Warrant
… TO THE MAGISTRATE’S COURT,
File: … / … D. Work
SEARCH DECISION
OBJECTING SUSPECT :
Defense :
SEARCH HISTORY :
Subject: it is about submitting an appeal to the search decision.
INSTRUCTIONS :
1 -) a search was carried out by police teams who arrived at the suspect’s House, referring to the investigation of the client suspect for drug trafficking, and found on the suspect .. during a search of his home with drugs (Annex 1) …a package of stimulants was confiscated. (Appendix 2)
2 -) judicial search is organized between Articles 116 and 122 of the Criminal Procedure Code. This measure may be applied by searching the top, property, residence, workplace or other places belonging to the suspect or defendant in the event of reasonable suspicion of capturing or obtaining criminal evidence. In order for the search to be carried out in these cases, there must be events indicating that the person being searched or evidence of the crime is located in the specified places. (CMK mad.116, 117). The existence of reasonable suspicion has been sought in order to make a search. That doubt; it must be based on a specific incident in which the person whose top, property, residence, workplace or other place will be searched has committed this crime. Reasonable doubt is a suspicion usually heard in the face of concrete events according to the course of life. It is essential that suspicion on the issues mentioned is based on concrete facts. There must be concrete facts that require predicting that something specific will be found at the end of the search or that a specific person will be caught. If reasonable suspicion is not justified in the decision, the search decision is against the law. Search decision or at your disposal; the verb that constitutes the cause of the search, the person to be searched, the address of the residence or other place where the search will take place, or the period of time when the decision or order will apply, must be clearly shown. But given by your court….in the dated decision (Annex 3), the verb that constitutes the reason for the search and the information about which criminal items to search were not clearly shown, and the decision was only said “in accordance with the investigation”. However, no information has been released regarding the suspicious circumstances in which such a search was carried out at the suspect’s home.
4 -) it is against universal law to make a decision to search and confiscate with the phrase “for the purpose of collecting evidence due to an investigation” in an abstract nature, without taking into account both national and international legislation. In accordance with the principle of measurement of Criminal Procedure measures, the decision to search and confiscate cannot be the subject of the same decision. First, a search will be conducted to the extent of necessity, and if the purpose of a trial that cannot be reached by search arises, a decision to confiscate it to the extent of necessity may again be made. The decision is clearly against the law in this aspect.
5 -) when all these matters are considered as Ashes, we have the obligation to demand that the decision to search and confiscate in question be removed due to the fact that it is contrary to the law and procedure.
Legal reasons: 5271 P. K. m. 116, 119, 120
Conclusion and request : for the reasons we have tried to explain above, we request by proxy that the search decision on the suspect be lifted. …/…/…
Attachments suspect plea
Lawyer
… dated call record
… dated confiscation report
… dated Court decision
… an example of an approved power of attorney
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