Seizure of mobile phone not found to be invalid, Karlsruhe expresses worries - Pending Decision Regarding the Implementation of the Directive by the Commission
In a controversial case that has sparked discussions about privacy rights and law enforcement, a woman from Germany has taken her complaint to the Federal Constitutional Court, challenging the seizure of her smartphone during a traffic stop on March 14.
The incident occurred in Traunstein, with the woman driving suspiciously and having her children in the car. She was stopped during a routine traffic control, and according to her account, she was filming the encounter with her phone when the police officers restrained her and seized her smartphone.
The public prosecutor's office, located in Traunstein, initiated investigations for resistance against law enforcement officers and violation of the secrecy of telecommunications. The seizure of the woman's phone lasted for an extended period, and the district court of Rosenheim confirmed its legality three days after the traffic control.
However, the woman contends that she had not committed a crime and that the police control felt like harassment. She states that the phone is vital for her life, and the seizure was disproportionate. The court acknowledges that smartphones are crucial for daily life, and the seizure can be seen as a sanction.
The regional court later dismissed her complaint as unfounded two months later. The woman then filed a constitutional complaint, which was rejected for decision by the Federal Constitutional Court. Despite this, she maintains that her right to informational self-determination, property, and legal hearing have been violated.
The state's interest in continuing to seize the woman's phone is not particularly high, yet the regional court stated that the video from the woman's phone was important as evidence for the further investigation. The Federal Constitutional Court expressed doubts about the seizure and the assumption of a crime existing through filming in this constellation.
Two police officers involved in the incident have filed a criminal complaint for all offenses under consideration. The woman's name who complained about the confiscation of her mobile phone during the traffic check in Traunstein is not mentioned in the available search results.
This case continues to raise questions about the balance between privacy rights and law enforcement's need for evidence in modern society, with the woman's legal team planning to appeal the decision to the European Court of Human Rights.
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