Facts
The case concerns an individual, [A.], who was suspected of selling cocaine. The police conducted secret searches, during which a police officer purchased cocaine from [A.] under cover. [A.] was then arrested and charged with drug trafficking. During the proceedings, [A.] contested the admissibility of the evidence gathered during the secret searches, arguing that it had been obtained unlawfully.
The Public Prosecutor's Office rejected this request, considering the evidence to be admissible. [A.] then filed an appeal with the FSCA, requesting the annulment of the Public Prosecutor's Office decision and the removal of the evidence from the criminal file.
Considerations
The FSCA examined the issue of the admissibility of the evidence gathered during the secret searches. It considered that secret searches are a measure of secret surveillance that consists of attempting to clarify crimes or offenses by contacting target individuals without revealing one's identity or true function.
The FSCA also examined the issue of the unlawfulness of the evidence gathered during the secret searches. It considered that, in the absence of specific legal provisions, the general provisions on the administration and…