Ceza Hukuku Dergisi, vol.17, no.48, pp.129-155, 2022 (Peer-Reviewed Journal)
Search is divided
into two as judicial search and preventive search. The main difference between
them is that while judicial search is decided on the suspicion of committing a
crime, preventive search is applied when there is no suspicion of crime yet.
However, in order to use the evidence obtained as a result of both judicial
search and preventive searches, it is essential that the searches are carried
out in accordance with the law. In this study, we will review of Supreme Court
Assembly of Criminal Chambers’ decision (19.03.2019, No.20-346/211) which
discussed the question of whether the drugs obtained as a result of the search
based on the preventive search are illegal evidence.