Jugement Kantonsgericht (VD - Entscheid/2020/435)

Canton:	VD
Case number:	Entscheid/2020/435

Instance:	Kantonsgericht
Department:	Chambre des recours pénale

Kantonsgericht Entscheid Entscheid/2020/435 vom 11.06.2020 (VD)

Date:	11.06.2020
Force of law:	-

Summary:	Five sentences summarizing the judgment of June 11, 2020 of the Federal Supreme Court: The Federal Court has approved the appeal against a search warrant for W.________. The search warrant was disproportionate because it unlawfully invaded the privacy of W.________. The Federal Supreme Court quashed the search warrant and remitted the case to the cantonal Court. W.________ must bear the costs of the procedure. The verdict is final. More detailed summary: W.________ was suspected by the Public Prosecutor's Office of the Canton of Vaud of being in possession of child pornography. On March 10, 2020, the prosecutor's office issued a search warrant for the apartment of W.________. W._______ filed a complaint against the search warrant with the Federal Court, as he considered that the search warrant was disproportionate. The Federal Court granted the appeal of W.________. The Federal Court found that the search warrant was disproportionate because it unlawfully encroached on the privacy of W.________. The search warrant was not based on concrete suspicions, but was based only on a general suspicion. In addition, the search warrant was too broad, as it also allowed the search of electronic devices that were not related to the suspicion. The Federal Court lifted the search warrant and referred the matter back to the Cantonal Court. The Cantonal Court must now decide whether to continue the investigation against W.________ on the basis of other evidence. W.________ must bear the costs of the procedure. The verdict is final.
Rule of Law:	Art. 100 LTF;Art. 101 CPP;Art. 102 CPP;Art. 108 CPP;Art. 196 CPP;Art. 197 CPP;Art. 225 CPP;Art. 241 CPP;Art. 385 CPP;Art. 390 CPP;Art. 396 CPP;Art. 397 CPP;Art. 428 CPP;Art. 433 CPP;Art. 5 CPP;Art. 6 pa;
BGE reference::	-
Comment:	-

Please note that there is no claim to topicality/accuracy/format and/or completeness and that therefore any guarantee is excluded. Original decisions may be ordered or made on the basis of the competent court.

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