Post by account_disabled on Mar 12, 2024 4:39:11 GMT -5
In this sense, the magistrates try to reinforce their criteria with the ruling of April 15, 1997 and with that of February 18, 1999. The first already held that observation carried out through a window does not require judicial authorization, unless it is necessary to overcome an “obstacle that has been predisposed to safeguard privacy.” “When, on the contrary, such an obstacle does not exist, as in the case of a window that allows one to see the life that takes place inside a home, a judicial authorization is not necessary to see what the owner of the home does not want. hide from others. Therefore, they consider that police surveillance does not violate the inviolability of the home.
Furthermore, in this case, taking into account that the photographs were not evaluated in the plenary session because they were illegal evidence (article 11 LOPJ), the appeal also Email Data invokes the theory of the fruits of the poisoned tree with which the defense intended that The entry and search order and the police surveillance were declared null and void. The court points out that the fact that images revealing criminal acts have been obtained in violation of the fundamental rights of those investigated does not imply that the authorization to enter and search the recorded home must be declared null, as long as it can be affirmed that it is not There has been an illegal connection between the different investigative proceedings or acts. “If the reflexive evidence is legally unrelated to the violation of the right and the prohibition of evaluating it is not required by the essential needs of its protection, it can be understood that its effective evaluation is constitutionally legitimate.”
The theory of the fruits of the poisoned tree assumes that the evidence derived from the illicit evidence must also be null. Jurisprudence has already indicated, however, that the exclusion of the connection of illegality, which involves the validation of reflex or derived evidence, can be given by the inevitable discovery, the attenuated link between the illicit and reflex evidence, the discovery casual , the independent source, the weighing of interests or the self-incrimination of the accused in the plenary session.In this specific case, however, the court does not even appreciate that there is a connection of illegality since the photographs were not decisive in authorizing the entry and search . What they were, however, were the police surveillance or the seizures of illicit substances from the people who came from the house investigated. "Therefore, there is no causal relationship between the images captured and the authorization of the entry and search as the latter was based on different investigative procedures and without taint of illegality," state the magistrates, who add that "even if it is appreciated the relevance of the images for the judicial authorization, the declaration of nullity of the registration would not be appropriate because, regardless of them, the entry and search of the home would also have been authorized.
Furthermore, in this case, taking into account that the photographs were not evaluated in the plenary session because they were illegal evidence (article 11 LOPJ), the appeal also Email Data invokes the theory of the fruits of the poisoned tree with which the defense intended that The entry and search order and the police surveillance were declared null and void. The court points out that the fact that images revealing criminal acts have been obtained in violation of the fundamental rights of those investigated does not imply that the authorization to enter and search the recorded home must be declared null, as long as it can be affirmed that it is not There has been an illegal connection between the different investigative proceedings or acts. “If the reflexive evidence is legally unrelated to the violation of the right and the prohibition of evaluating it is not required by the essential needs of its protection, it can be understood that its effective evaluation is constitutionally legitimate.”
The theory of the fruits of the poisoned tree assumes that the evidence derived from the illicit evidence must also be null. Jurisprudence has already indicated, however, that the exclusion of the connection of illegality, which involves the validation of reflex or derived evidence, can be given by the inevitable discovery, the attenuated link between the illicit and reflex evidence, the discovery casual , the independent source, the weighing of interests or the self-incrimination of the accused in the plenary session.In this specific case, however, the court does not even appreciate that there is a connection of illegality since the photographs were not decisive in authorizing the entry and search . What they were, however, were the police surveillance or the seizures of illicit substances from the people who came from the house investigated. "Therefore, there is no causal relationship between the images captured and the authorization of the entry and search as the latter was based on different investigative procedures and without taint of illegality," state the magistrates, who add that "even if it is appreciated the relevance of the images for the judicial authorization, the declaration of nullity of the registration would not be appropriate because, regardless of them, the entry and search of the home would also have been authorized.