Lawful detention of a person by the police in private premises without a search warrant, no subsequent validation by a search warrant required (Art. 213 CrimPC)

Facts

[A.] is accused of having driven his passenger car from [U.] to [V.] and back again in an intoxicated state on the evening of September 19, 2019. The District Court of Baden found [A.] guilty of driving while incapable of doing so with a qualified breath alcohol concentration in a judgment dated September 28, 2020 and sentenced him to a suspended fine. On appeal by [A.] , the High Court of the Canton of Aargau confirmed the first-instance decision on the issue of guilt on June 15, 2021 and sentenced him to a suspended fine.

[A.] lodges a criminal law appeal against the decision of the High Court. He requests that the lower court's decision be set aside and that he be acquitted of guilt and punishment.

Considerations

The Federal Supreme Court dismisses the appeal, insofar as it is admissible. It holds that the police were entitled to enter the appellant's private premises without a search warrant under Art. 213 para. 2 CrimPC in case of imminent danger in order to detain him and conduct a breath alcohol test. A subsequent search warrant is not required in such a case.

The Federal Supreme Court sees neither…