Facts
The appellant [X.] was arrested on April 3, 2008 due to a police-observed drug transaction in which he wanted to sell cocaine to an undercover police officer. The police seized 183 grams of cocaine from him. Furthermore, he stated in a police interrogation that he had sold approximately 50 grams of cocaine in the 2 to 3 months prior to the arrest. By order dated April 7, 2008, [X.] was placed in pre-trial detention.
On April 25, 2008, [X.] filed a request for release from custody, arguing that an undercover agent had apparently been used, for which no judicial authorization had been obtained. The judge responsible for detention matters rejected the request by order dated April 30, 2008.
Considerations
The Federal Supreme Court states that the use of the undercover police officer in the present case does not necessarily fall under the Federal Act on Covert Investigations and thus require judicial approval. The admissibility of the findings obtained from this operation is therefore prima facie not excluded.
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