Facts
The case concerns the admissibility of a blood sample ordered by the St. Gallen Cantonal Police on the territory of the Canton of Appenzell Ausserrhoden. On July 19, 2013, X. drove his private vehicle from Wald (Canton of St. Gallen) to Schwellbrunn (Canton of Appenzell Ausserrhoden) after visiting a bar. The St. Gallen Cantonal Police followed him and conducted a traffic stop, during which they detected the smell of alcohol. As X. refused to take a breathalyzer test, a blood sample was taken on the order of the police officers.
The Investigating Magistrate's Office of Gossau SG subsequently found X. guilty of driving while unfit due to alcohol in a penal order dated August 21, 2013. Upon X.'s objection, the case was transferred to the Public Prosecutor's Office of the Canton of Appenzell Ausserrhoden. On December 10, 2013, this office issued a penal order, against which X. filed an objection. The Cantonal Court of Appenzell Ausserrhoden convicted X. on April 9, 2014 of driving a motor vehicle while under the influence of alcohol. X. appealed this judgment, and the High Court of the Canton of Appenzell Ausserrhoden acquitted him on February 17, 2015.
The Public Prosecutor's Office of the Canton of Appenzell Ausserrhoden now appeals this acquittal in a criminal matter.
Considerations
The Federal Supreme Court states that the rules on jurisdiction serve to protect the sovereignty of the canton in the organization of police duties, and carry less weight than the interest in the enforcement of criminal prosecution. The control of a driver's fitness to drive serves traffic safety and, particularly in the border area between…