Abstract:

In cases where the execution of the search warrant is carried out illegally, the issue of whether to make judgments based on evidence obtained in the execution of the search warrant is still a major problem in practice. In this study, the decision of the Constitutional Court dated November 19, 2014, application number 2013/6183, was examined. The decision was applied by Yaşar Yılmaz to the court individually. The development of material facts, views of authorities, and determined legal issues have been covered in our review of the judgment. We explain these legal issues and propose solutions to them based on legal evaluation.

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