Criminal law · Legal information

What Is Written on the Minute When They Come to the Home with a Search Decision?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

On a search minute the decision, the scope and the seized property are read. The minute shows the supporting decision, the place searched and the property written on the list. Internal examination of the telephone and monitoring of communications are not the subject of this minute. Hiding of the property is not told in this article.

The basis line

The minute writes the decision or the order the search rested on. The authority, the date and the number, if there is one, are read on the reference line. If the line is blank, a number is not invented. The basis can be a judge's decision. In a case where delay would be prejudicial, the public prosecutor's written order can also be seen on the line. If the prosecutor could not be reached, the written order of the law-enforcement superior can be mentioned. Which name was written is read from the reference line of the minute. An office that is not on the line is not added. If all three names are not written, the reader does not line all three up as if they existed.

A written order that is not a judge's decision goes before the judge later. Its period stands in the file and in the statute. A day is not written into this text. The decision's own period of validity is also read from the decision. If there is no period line in the decision, a period is not added. If there is a date that looks as if the period had expired, this does not of itself announce the minute as invalid. What is read is the period line in the decision and the hour of the search on the minute. If the hour is not on the minute, an hour is not added.

The name of the unit that carried out the search and the place line are also read on the minute. If the unit line is blank, a unit name is not added. The decision number and the minute number are not mixed. If both are written, the two are read apart. If one is missing, the other does not take its place. In a search carried out in Ankara too, the authority is the public prosecutor's office or the court in the heading of the paper. The unit name on the minute may not stand on the same line as the authority in the heading of the decision. The authority is the one that gave the decision on the reference line. The unit is the one that carried out the search.

If a copy of the decision stands in the annex of the minute, the copy is compared with the reference line. If the number on the copy is different, the difference is not closed. If there is no copy, the reference line is read alone. If the line gives a number but the copy is not in hand, the number is not erased. The number stands as it is written on the line.

Place and subject

The decision writes the place and the subject of the search. The place can be an address, a room or a vehicle. The minute should show the same place and the thing searched for. An address that is not in the decision is not counted inside the scope. A type of property that is not written in the decision is not added by interpretation. If the minute shows a place different from the decision, what is read is this difference. The difference is not closed with a note kept at home after the search. The correction stands on the minute. If the correction is erased or cannot be read, the part that cannot be read is not completed.

The subject of the decision says the thing searched for, and the subject of the list says the thing taken. What was searched for and what was taken are not the same sentence. If the subject line writes "document" and a device stands on the list, the two lines are read apart. Property that is on the list and does not appear in the subject of the decision stands as the difference of the two papers. The difference is on the lines of the papers. The difference does not announce the result of the search from this text.

The search minute is not a detention decision. The conditions of pre-trial detention are in the article on a detention decision. The address line on the minute does not take the place of the ground of detention. A search being carried out at the address does not mean detention was built for everyone living at that address. If there is detention, it stands in a separate decision. If there is no separate decision, detention is not assumed.

The list of seized property

The list writes the name of the property taken, the number and, if there is one, the distinguishing mark. The mark can be a serial number, a colour or a similar line. If the mark is not on the line, it is not invented. If the number is not written, the number is not counted as one. Each line is its own property. The lines are not merged into a single item. Property that was taken and did not enter the list, and property that is on the list and was not taken, are corrected on the minute. If an initial or an explanation stands beside the correction, that explanation is read. A private list kept the next day does not take the place of the minute in the file. A note kept at home is not the new state of the list.

If the minute writes that a copy was given, that copy is the copy of the list. The line that a copy was given can also write to whom it was given. If there is no name, the name of whoever the copy was given to is not completed. If there is no line, it is not treated as a copy having been given. If the copy is in hand later, the list on the copy and the list on the minute are compared. If there is a difference, the difference is not closed. The two lists stand on their own paper.

A telephone appearing on the list does not tell how the inside of the device will be examined. The brand of the device and the serial number, if there is one, are read as written on the list. The correspondence inside it is not taken out of this line. If seizure of the telephone is a separate record, that record is in the article on seizure of a telephone. Monitoring of communications is a separate decision. The place of that decision is the article on monitoring of communications. The conditions of that decision are not built on this minute. What is read is the property line written on the list.

Persons present and the signature

The minute writes the names of the persons present at the search. If a person is absent, the minute writes who was present. If the name is not on the line, it is not completed. The person present and the owner of the seized property may not stand on the same line. If the owner is someone else, the minute writes them separately. If it does not write them, an owner is not added. If the person who opened the door and the owner of the home are separate names, the two names are read apart. One does not take the other's place.

The person's signature line is read separately. If there is no signature, the ground line is read. The ground can write that the signature was avoided or that the person was not present. If there is no ground, a ground is not invented. The signature not being there does not erase the minute. An objection about the list is the note written on the minute. The note is not a second minute invented after the search. If there is an hour beside the note, the hour is read. If there is no hour, when the note was entered is not added.

The law-enforcement officer's signature and the signature of the person present are on separate lines. If one is missing, the other does not fill it. If the officer's name is written on the minute, that name is read. If it is not written, the name is not completed from the badge.

If there is custody during the search, the rights are in the article on rights in custody. The custody minute is not an annex of the search minute. It has a separate heading. The exit paper when custody ends is in the article on release after custody. If detention continues, the meeting with defence counsel is in the article on a meeting of a detained person with a lawyer. The meeting rules do not take the place of the search list. The hour on the custody minute is not the hour the search list was drawn up. The two hours stand apart.

The copy of the minute and the note at home

If a copy was given to you when the search ended, the minute number stands on the first line of the copy. The number should be the same as the number of the minute the officers put in the file. If there is no number on the copy in your hand, the number is not written from memory. If the list on the copy and the note you kept at home write the same property with a different number, what enters the file is the list on the copy. The note stays as a paper that reminds you of your objection. Multiplying the note as a new copy of the minute does not change the list.

If there is an erasure on the copy, the erasure stands as far as it can be read. A word that cannot be read is not completed. If a new number written over the erasure is initialled, the initialled line is read. If there is no initial, which number is the basis is the two lines standing side by side. Erasing one and announcing the other as the only correct one is not the work of this text. If the copy says a missing page, the number of the missing page may have been written. If there is no number, how many pages are missing is not added. If the missing page comes later, the page that came is matched with the number on the copy. If it does not match, the page that came is not tied as the minute of this search.

If a copy of the decision was also given together with the minute, the scope line of the decision and the place line of the minute are placed one under the other. If the door number of the address is on one and not on the other, the absence is not closed. If a time range is written in the decision, whether the range matches the search hour on the minute is looked at from the two lines. If there is no hour on the minute, the range is not carried onto the minute. If the original of the minute was signed before the copy was given to you, the list on the original is taken as the basis. If you did not see the original, the line "true copy" at the edge of the copy in hand is looked for. If there is no line, the copy is not completed as a full copy of the original. If there is a line, the line does not have the erasure on the copy ignored. The erasure is still read.

Conclusion

The minute is read over the basis, the place, the seized property and the signature. An address that is not in the decision is not written into the scope. Property that is not on the list is not added with the note at home. The telephone line does not build an internal examination. The framework is on the criminal law page. The official text is the provisions of Criminal Procedure Code No. 5271. The contact page stands for the minute line.

Legislation

Frequently asked questions

What are the three lines looked at first on the minute?

The supporting decision, the scope of the search and the list of seized property. The three are read as written on the minute. A number or an item of property is not added to a blank line.

If the decision line is blank, is the number completed later?

It is not. If the minute does not write a basis, a basis is not invented. The blank line stands in the file as it is. This text does not announce the search as invalid or as valid.

Is property that is not on the list counted as taken?

Property that was taken and did not enter the list is corrected on the minute. A list kept at home the next day does not take the place of the minute in the file. If there is no line that a copy was given, it is not treated as a copy having been given.

Is examination of a phone told on this minute?

No. A telephone being written on the list does not build an internal examination of the device. Monitoring of communications is a separate decision. This article does not tell that examination or that decision.

Is hiding the property the subject of the minute?

No. This text does not tell hiding. What it tells is the decision, the scope and the list written on the minute. The list is not changed with a note kept at home.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Criminal law

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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