A police error and its repercussions
A police error has led to an unexpected twist in the case of two men accused of transporting more than 100 kilos of marijuana and 2 kilos of cocaine in an adapted motorhome. The Girona Court has annulled the search carried out on the motorhome, since it was determined that the agents entered it twice without any court order, thus violating the right to the inviolability of the domicile enshrined in the Constitution.
The outcome of the case
The two defendants, during a National Police check at AP-7 in La Jonquera, claimed that the motorhome was their usual address and refused to be registered. Despite obtaining a warrant the next day, it was determined that the warrantless entries invalidated the subsequent search where the drug was found. This decision has led to the acquittal of the defendants, avoiding a possible sentence of eight years in prison and fines of 900,000 euros.
Considerations of the Court of Girona
The fourth section of the Girona Court considered that the entries without judicial authorization violated the right to the inviolability of the domicile, this registration being the only incriminating evidence against the defendants. The surprise at the actions of the agents was underlined, highlighting the irregularities committed and questioning the lack of certification as to whether the motorhome was really the domicile of the accused.
The defense role
The defense, represented by lawyer Quim Bech de Careda, highlighted the irregularities during the trial and showed the court the mobile phones that had been taken from the vehicle without any court order. The sentence is not yet final, and can be appealed to the Superior Court of Justice of Catalonia.
Reactions to the resolution
The sentence reproached the prosecution for the lack of evidence to certify whether the motorhome was really the home of the defendants, and questioned the role of the agents in the irregularities committed. Currently, the case is not firm and can continue with subsequent appeals by the parties involved.
