The authority of law enforcement within the framework of PVSK M.4/A

Law Enforcement officers are responsible for maintaning public order by providing internal security in democratic states of law. The law enforcement provides this duty by preventing the danger before the crime and after crime, by fulfilling the duties given to them in the law to detect the crime and the criminal. The use of the Powers given to the law enforcement in the fight against crime is extremely important both in terms of fundamental rights and freedoms and in terms of reaching the metarial truth which is the main purpose of the criminal procedure. Chief among these Powers is the "to stop" power, which is clearly recognized by law in Turkish Law. The use of the stopping power is important in that it is the first moment when the state and the citizen come face to face. The stop measure, which was previously implicitly known to law enforcement, gained legal ground in 2007 with the Law on Duties and Powers of The Police. With the stopping power regulated in Article 4/A of the Law on Duties and Powers of the Police, the law enforcement officiers were also given te Authority to ask for identity and search. In 2017, the Constitutional Court annuled the regulation, which includes the power to search after stopping the law enforcement, as unconstitutional. In the Forensic and Preventive Searches Regulation, the power of police to stop has been regulated. Here, unlike PVSK, it is seen that the law enforcement office is given authority control in the form of attendence. Despite the aforementioned regulations, it can not be said that the authority of the law enforcement to stop and especially to control after stopping is clearly and unequivocally regulated in Turkish Law. Likewise, the complexity of the legislation and the vague regulation of Article 4/A of the PVSK create difficulties in implementation. Despite the Constitutional Court's annulment decision, it is exremely controversial whether the checks made after the suspension in particularly carry the nature of a search and whether information and indications obtained as a result of this can be accepted as legal evidence due to uncertain regulations that expand the discretion of the law enforcement. In this context, our study, which aims to examine the stop and post-stop control and search Powers of the law enforcement, regulated in Article 4/A of PVSK, consists of two parts. In the first part, the law enforcement agency will be examined and in the second part, the stopping and post-stop control and search Powers of the law enforcement, the Powers of askimg for identity and identification will be explained in outline. The question of whether the evidence obtained by the law enforcement as a result of the control and search processes after the stopping can be considered as lawful evidence will be discussed within the framework of the Supreme Court decisions and the views in the doctrine. Key Words: Law on Duties and Powers of Police (PVSK), law-enforcement agencies, Stopping, search.