SS-22061/2009-KBH
ECLI:DK:KBH:2024:SS0000000285
AI generated
Search warrant without notification to suspect or others is allowed under specific circumstances.
Denmark (DK)
Legislator summary
AI generatedThe court allowed the search warrant executed without notifying the suspect or others. The prosecution argued that immediate notification was impossible due to the suspect's flight risk and the need to preserve evidence. The court ruled that the statutory exceptions permitting unannounced searches were met, justifying the procedure.
Legislator headnote
AI generatedStraffelovens § 163; § 164: A search warrant may be executed without notifying the suspect or others if immediate notification is impossible or would hinder the investigation, provided specific statutory conditions are met.
Keywords
AI generated
search warrant
unannounced search
notification exception
investigation necessity
criminal procedure
evidence preservation
suspect rights
Cited Legislation
AI generatedStraffelovens § 163
Straffelovens § 164
Related Decisions
AI generatedSS-2641/2009-OLR
Appeal dismissed; secret searches allowed under anti-terror law for ongoing investigation without notice.
SS-6814/2012-ROS
Court orders delayed notification of secret search and surveillance despite police claiming no action was taken.
SS-2573/2012-VLR
Landsret upholds byret's approval of a search warrant based on police discretion and lack of prejudice to investigation.
SS-1350/2008-VLR
Search, visitation, and seizure ordered by police were declared unlawful due to lack of legal basis.
SS-253/2013-OLR
Court remands arrest legality review to lower court while upholding search and seizure legality.
Full text
Kendelse om ransagning uden at gøre mistænkte eller andre bekendt hermed