Use of Fortuitous Discoveries Resulting from Telephone Surveillance

Facts

In the context of a criminal investigation for various thefts and/or property damage, game warden A. was placed under telephone surveillance. During these wiretaps, elements constituting criminal obstruction (Art. 305 SCC) were discovered. The Public Prosecutor's Office then requested authorization to use these fortuitous discoveries, a request that was granted by the Compulsory Measures Court (TMC). A. appealed against this decision.

Considerations

According to the Federal Tribunal, in order to use fortuitous discoveries resulting from a validly authorized telephone surveillance, the conditions set out in Art. 269 para. 1 let. a-c CrimPC must be met. In particular, the newly suspected offence must be included in the catalogue of Art. 269 para. 2 CrimPC, which is the case for criminal obstruction (Art. 305 SCC).

The Federal Tribunal considered that the conditions were met in this case. Although the acts reported to the accused may not lead to criminal prosecution under cantonal law, the cantonal court held that a possible application of the criminal provision provided for by federal law (Art. 17 para. 1 let. a and para. 2…