Facts
In 1983, X. and [Y.] committed an armed robbery on a jewelry store. After his release from serving several sentences, X. called his former accomplice [Y.] and demanded that he bring X.'s share of the loot to the Anker restaurant the following Wednesday, otherwise he would visit him. On Wednesday, [Y.] informed X. by phone that he would not come and did not have the money. In response, X. said that was bad, very bad, and repeated his announcement that he would visit him at home.
On September 21, 2002, a dispute arose between X. and [A.], which ended in a physical altercation. In the process, X. injured his opponent [A.] with an open knife on the thumb.
By a judgment of the second instance on October 29, 2004, the High Court of the Canton of Zurich found X. guilty of simple assault and attempted extortion. The court sentenced him to 18 months' imprisonment and ordered his detention.
X. and his defense counsel filed a cantonal nullity appeal, which the Cassation Court of the Canton of Zurich dismissed. Both X. and his representative filed a constitutional appeal requesting the dismissal of the Cassation Court's decision.
Considerations
The appellant alleges a violation of Art. 9 para. 1 lit. b of the Federal Act on the Surveillance of Post and Telecommunications (LSCPT). He claims that the telephone logs that support the conviction for attempted extortion are inadmissible as incidental findings, as the allegation of attempted extortion was not yet made against him at the time of the surveillance order.
The Federal…