Facts
The Public Prosecutor's Office of the Canton of Appenzell Innerrhoden conducted a criminal investigation against [A.] for offenses against the Weapons Act, Explosives Act, Handling Stolen Goods, and Pornography. During a house search on November 27, 2019, two mobile phones and a laptop were seized. On June 16, 2020, the Cantonal Court of Appenzell Innerrhoden ordered the Public Prosecutor's Office to immediately return the two mobile phones and the laptop to the accused.
The Public Prosecutor's Office appealed against this decision to the Federal Supreme Court. It argued that traces of two deleted pornographic videos with alleged involvement of minors were found on the seized laptop. Therefore, the seizure of the laptop should be maintained.
Considerations
The Federal Supreme Court dismissed the appeal of the Public Prosecutor's Office. It stated that the legal requirements for the continued seizure of the laptop were not met. On the one hand, it was questionable whether the coercive measure was still proportionate, as it only concerned the temporary possession of two illegal videos, which the accused had apparently already deleted. On the other hand, it was not apparent that the confiscation of the laptop was sufficiently likely to threaten the accused.
As far as the…