SS-14795/2008-KBH
ECLI:DK:KBH:2023:SS0000000226
AI generated
Court dismisses application for secret search at non-suspect's home under Danish Criminal Procedure Act.
Denmark (DK)
Legislator summary
AI generatedThe court dismissed the applicant's request for a secret search at the residence of a non-suspect. The applicant sought this measure under specific provisions of the Criminal Procedure Act, arguing it was necessary for investigation purposes. The court rejected the application because the statutory requirements for authorizing a search at a non-suspect's home were not met in this instance.
Legislator headnote
AI generatedCriminal Procedure Act § 799; § 795 para. 1: A secret search at the residence of a person who is not the subject of suspicion may only be authorized if strict statutory conditions regarding necessity and proportionality are fulfilled.
Keywords
AI generated
secret search
non-suspect residence
Criminal Procedure Act
investigative measure
authorization requirements
proportionality principle
search warrant
Cited Legislation
AI generatedCriminal Procedure Act § 799
Criminal Procedure Act § 795 para. 1
Related Decisions
AI generatedSS-2107/2008-OLR
Court allows secret search of suspect's luggage at airport pending final appeal verdict.
SS-22061/2009-KBH
Search warrant without notification to suspect or others is allowed under specific circumstances.
SS-13335/2011-KBH
Court dismisses police search warrant application and rejects challenge to arrest legality due to procedural defects.
SS-2573/2012-VLR
Landsret upholds byret's approval of a search warrant based on police discretion and lack of prejudice to investigation.
SS-440/2025-OLR
High court dismisses appeal against seizure of phones where prosecution failed to prove relevance to knife charge.
Full text
Anmodning om hemmelig ransagning hos ikke mistænkt efter retsplejelovens § 799, jf. § 795 stk. 1