1. Stop Authorization

The authority of the police to stop and ask for identification is regulated in Article 4/A of the Law No. 2559 on Police Duties and Powers. This article authorizes the police to stop persons and vehicles in the presence of a reasonable cause based on experience and the impression gained from the current situation. Reasonable cause is a reason that is in accordance with reason and logic.

The police may stop persons and vehicles in the following cases

• Preventing the commission of a crime or misdemeanor,
• To ensure the capture of perpetrators who flee after the commission of a crime, to identify the perpetrators of crimes or misdemeanors committed,
• To identify persons for whom an arrest warrant or summons has been issued,
• It may stop in order to prevent an actual or potential danger to the life, bodily integrity or property of persons or to society.

The police cannot use this authority arising from the law in a continuous and arbitrary manner. The duration of the stop cannot be longer than the time required for the realization of the action that constitutes the basis for the reason for the stop. In practice, unfortunately, this period is not very reasonable and it is seen that it is encountered more than once on the same day. And again, the suspension sometimes does not end within a reasonable period of time and may cause people to be unnecessarily detained and lose their time. 

This practice, which we frequently encounter today, is not always carried out in accordance with the provisions of the law, but by stopping people who meet certain criteria, such as people with hats, backpacks, beards, etc. However, as one can imagine, it is a negative attitude that every person on earth with this profile is stopped and asked for identification.

The police shall inform the person stopped of the reason for the stop and may ask questions relating to the reason for the stop and may require the person to produce his/her identity card or other documents required to be produced. The duration of the stop may not be longer than the time required to carry out the action that constitutes the basis for the reason for the stop. In case the reason for the stop is removed, persons and vehicles must be allowed to leave.

The police may take the necessary measures to prevent harm to themselves or others if there is sufficient suspicion that the person stopped has a weapon or other dangerous item on his person or in his vehicle. For this purpose, the person may not be asked to remove clothing or to open parts of the vehicle that are not visible from the outside. In this case, a prevention search warrant will need to be obtained from the Criminal Judge of Peace.

The following actions are taken upon stopping:

• The person stopped shall be subjected to a check in the form of a pat-down without removing any of his/her clothes. If, as a result of this procedure, there is sufficient suspicion to conclude that the person has a weapon, the officer may automatically search for weapons and other criminal property.
• The control by attendance is carried out by the officer of the person's gender.
• The subject and reasons for the control made are explained to the relevant person.
• Control by roll-call is carried out in the least intrusive manner.
• If traces, artifacts, signs and evidence of the crime are obtained as a result of the control, the person is arrested.
• If it is suspected that a specific criminal offense, such as drugs, is concealed anywhere in the person, a more extensive check may be carried out.
• The check shall be carried out at or near the place where the person or vehicle was first stopped, in such a way that others cannot see it as much as possible. Control cannot be carried out by taking the person or vehicle to another place.
• After the inspection, a report is immediately drawn up at the scene upon request.

1. Authorization to Ask for Identification

The authority of the police to stop certain persons and ask for identification means restriction of rights in a sense. Although the restriction of the rights and freedoms of the person guaranteed by the Constitution, as well as the right to privacy and the protection of personal data constitute a legal violation, in some cases, there may be compelling circumstances that require restriction in terms of public order and security.

As explained above, the police cannot stop and ask for identification unless the purposes specified in Article 4/A of the Law No. 2559 on the Duties and Powers of the Police are present.

The police must ask the person they stop for identification in connection with their duty. They may not use this authority except in the cases listed in the law.