Facts
On May 12, 2020, [A.] was arrested by the Geneva police for shoplifting. During this intervention, he was subjected to various measures by the police, including handcuffing, a body search, and a search of his vehicle and residence. [A.] filed an appeal against these acts, which he considered unlawful. The Criminal Appeals Chamber of the Geneva Court of Justice dismissed the appeal, finding that the measures taken by the police were lawful. [A.] then appealed to the Federal Tribunal.Considerations
The Federal Tribunal partially upheld the appeal. It considered that the handcuffing and searches were lawful, but that the body search carried out did not respect the principle of proportionality. Indeed, although [A.] was arrested in flagrante delicto for theft, the stolen…