Detention, Search and Seizure in Drug Investigation

The first hours of the drug investigation are the scene of detention, search and seizure. The legality of these transactions affects the entire file.

Capture (CMK article 90)

• Everyone has the authority to arrest someone red-handed.
• The law enforcement can make arrests in cases of red-handed crime or if there is a risk of delay.
• The caught person is immediately handed over to law enforcement; It is mandatory to be read his/her rights before the statement (CMK article 147).

Detention Periods (CMK article 91)

• 24 hours for crimes committed alone (excluding travel time).
• In case of mass crimes, it can be extended up to 4 days (with the written order of the public prosecutor).
• At the end of the period, the person is released or brought before the judge with a request for arrest.
• Failure to comply with the deadline is a violation of personal freedom; It can be taken to the Constitutional Court and the ECHR.

Search Types and Conditions

• Front search (CMK art. 116): Judge's decision or, if there is a risk in delay, the prosecutor, and subsequently the written order of the law enforcement chief.
• Residential search (CMK article 119): As a rule, judge's decision; Written order in case of delay; subsequent judge approval.
• Business search: Same framework as housing.
• Vehicle search: More flexible on red-handed crime and reasonable suspicion; However, minutes are required.

Seizure (CMK article 123)

Seizure of criminal property is done with report; The characteristics of the goods, their quantity, the place and person where they were seized are written in the report. The stages of sealing, transportation and delivery to the laboratory are part of the evidence chain