Facts
The Public Prosecutor's Office of Winterthur/Unterland is conducting a criminal investigation against the appellant [A.] on suspicion of pornography. They accuse him of having sent a video with actual sexual acts of a boy with an animal to two persons using his mobile phone in August 2020. On 25 November 2020, the cantonal police seized the appellant's mobile phone and sealed it at his request. On 11 December 2020, the Public Prosecutor's Office requested the Compulsory Measures Court of the District of Winterthur to unseal the mobile phone. By order of 26 January 2021, the Compulsory Measures Court granted the request for unsealing and released the mobile phone to the Public Prosecutor's Office for search and further use.
The appellant appeals against this order with a request to set aside the order and return the mobile phone to him. He claims that the evidence underlying the suspicion of the offence was obtained illegally and is therefore inadmissible. He also invoked his interest in the protection of his personality, as the mobile phone contained numerous messages between him and his wife and children, as well as photos showing his family and private life.
Considerations
The Federal Supreme Court dismisses the appeal. It holds that the evidence underlying the suspicion of the offence was not obviously obtained illegally and is therefore to be taken into account in the unsealing proceedings. The sufficient suspicion against the appellant is thus to be affirmed.
With regard to the claimed interests in secrecy, the Federal Supreme Court states that the appellant has merely stated in general…