Facts
On March 14, 2014, two plainclothes police officers conducted an identity check on the complainants A. and B. in the old town of Lucerne. This led to a verbal altercation, after which the police officers forced the complainants to the ground and handcuffed them. The complainants were then taken to the police station, where B. was locked in a cell for approximately 10 minutes and had to undress completely. A. was placed in a cell, but the door was not locked.
The complainants subsequently appealed to the Cantonal Court of Lucerne, complaining about the behavior of the police officers. The Cantonal Court dismissed the complaint, whereupon the complainants filed a criminal appeal to the Federal Supreme Court.
Considerations
The Federal Supreme Court found that the body search involving the complete undressing of complainant B. was disproportionate. For the purpose of checking whether B. was carrying dangerous objects, a pat-down search over the clothing would have been sufficient. Complete undressing was not necessary and was therefore…