Facts
The complainant [A.] was accused of gang-related narcotics trade with synthetic cannabis in the context of a criminal investigation. The Public Prosecutor's Office of the Canton of Schwyz approved the use of chance finds against [A.] from the surveillance of a co-defendant's connection. [A.] lodged a complaint against this approval and requested a stay of the criminal investigation until the outcome of the federal court proceedings.
The Cantonal Court of Schwyz dismissed the complaint, and [A.] appealed to the Federal Court with a complaint in criminal matters. The Federal Court consolidated the proceedings and dismissed the complaint in case 7B_900/2023, insofar as it was entertained. The complaint in case 7B_606/2024 was deemed moot and struck from the record.
Considerations
The Federal Court examined the admissibility of the complaint and found that the lower court had decided as the last cantonal instance and that the complainant, as the accused person, was entitled to appeal. The Federal Court based its decision on the facts established by the lower court and examined the complainant's objections.
The Federal Court found that the Public Prosecutor's Office had approved the use of chance finds against the complainant from the surveillance of a co-defendant's connection. The complainant argued that the requirements for approval had not been met and that the surveillance had not been lawfully approved.
The Federal Court dismissed the complainant's objections and…