Facts
The Federal Court rejected the accused's request to declare the evidence obtained during a search inadmissible due to unauthorized telephone surveillance in Slovenia. The accused had been convicted by the Cantonal Court of St-Gall for an offense under the Narcotics Act.
The facts of the case are as follows: the accused was arrested at the Swiss border with drugs in his vehicle. The police had received a tip from Slovenia regarding unauthorized telephone surveillance. The accused requested that the evidence obtained during the search be declared inadmissible due to the unauthorized telephone surveillance.
Considerations
The Federal Court considered that the evidence obtained during the search was not inadmissible due to the unauthorized telephone surveillance in Slovenia. According to art. 141 al. 4 CrimPC, evidence is inadmissible if it was obtained by unlawful means and if it could not have been obtained otherwise.
The Federal Court estimated that the evidence obtained during the search could have been obtained otherwise, even without the unauthorized telephone surveillance. In fact, the police would probably have arrested the accused at the Swiss border due to his suspicious behavior and would have…