Facts
The appellant [A.] was convicted by the High Court of the Canton of Zurich for unauthorized possession of weapons and operating an indoor hemp plantation. The conviction was based on evidence secured during a house search, which the appellant considered inadmissible. The appellant had behaved suspiciously in October 2016 when he was stopped and checked by the police, and two knives were found on him. The public prosecutor's office ordered a house search in June 2017, during which weapons and narcotics were secured.
The lower court concluded that the house search was justified because the appellant lived in the vicinity of the neighborhoods affected by the property damage and had behaved suspiciously. However, the appellant requested that the evidence secured during the house search be deemed inadmissible, as the search was inadmissible.
Considerations
The Federal Court examined whether the house search was lawful. It found that the lower court had not cited sufficient grounds for the search and that the circumstances that led to the appellant's detention and control in October 2016 were not sufficient to justify a house search nine months later.
The Federal Court concluded that the house search was inadmissible and that the evidence secured during the search…