Legislator Case Law & Legislation
SS-827/2009-VLR ECLI:DK:VLR:2024:SS0000000035 AI generated

Police search approved by court of appeal despite lower court rejection due to procedural error.

Case Number SS-827/2009-VLR
Court / Authority
Jurisdiction Denmark (DK)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Court of Appeal reversed the District Court's decision denying approval of the police search, thereby authorizing the search. The lower court had rejected the search based on procedural grounds, but the appellate court found these grounds insufficient to invalidate the operation. Consequently, the court granted the request to approve the search, allowing the evidence obtained to be used in the criminal proceedings.

Legislator headnote

AI generated

Straffesag; Ransagning: When a lower court denies approval of a police search on procedural grounds, the appellate court may reverse this decision if the procedural defect is cured or deemed immaterial, thereby validating the search.

Keywords

AI generated
police search approval criminal procedure appellate review procedural defect evidence admissibility
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Full text

Landsretten ændrede byretten kendelse, hvorved politiets ransagning ikke godkendtes, således at ransagningen godkendes