Surveillance of a third party's telephone connection

Facts

The Public Prosecutor's Office II of the Canton of Zurich is conducting a criminal investigation against X. for criminal preparatory acts. On September 14, 2012, the Public Prosecutor's Office requested the High Court of the Canton of Zurich, the Compulsory Measures Court, to approve the surveillance of the telephone connection of the accused's girlfriend. The Compulsory Measures Court refused to approve the surveillance measure.

The Public Prosecutor's Office appealed the decision of the Compulsory Measures Court to the Federal Supreme Court. It requested the annulment of the contested decision and the approval of the requested surveillance measure.

Considerations

The Federal Supreme Court concluded that Art. 270 para. 1 lit. b CCP also allows the surveillance of third-party connections that the accused is highly likely to call. This serves to obtain information about offenses that cannot be obtained through surveillance of the accused's telephone connection.

The Federal Supreme Court stated that the proportionality of such a measure must always be examined closely. Furthermore, the…