Body search conducted ex officio by law enforcement officers

In this study, the cases that authorize the police to conduct ex officio body searches in various provisions are examined. Although Articles 20 and 21 of the Constitution on the right to privacy and inviolability of the home stipulate that a search can only be carried out upon a judge's decision and a written order to be given by the authority authorized by law in cases where it is inconvenient to delay, some provisions stipulate that the police can search without a decision or order from any authority. Body searches conducted on individuals are closely related to fundamental rights and freedoms, both in terms of how they are carried out and their consequences. In the first part of the study, general information on law enforcement is given, and the limits on the use of law enforcement authority are set forth. In the second part, after the conditions for judicial and preventive searches, the provisions authorizing the police to conduct ex officio body searches are examined separately, and in this context, the conditions and limits of the body search conducted under each title are examined by including the relevant judicial decisions. In the last part of the study, the legitimacy of the power of ex officio body searches granted to law enforcement officers is evaluated, and the consequences of unlawful body searches in terms of substantive criminal law and criminal procedure law are discussed. In this study, it has been concluded that the granting of ex officio search authority to law enforcement officers is contrary to the Constitution, whereas unless the relevant provisions are repealed, it will constitute a source of legitimacy for ex officio searches carried out by law enforcement officers, except in cases related to judicial searches.