Abdul B. (38) stands with one leg in prison, as he enters with his defender, the chamber 138 in the criminal court of Moabit. The Lebanese, a trained mechanic, operates in Berlin “Späti” (Kiosk) and is accused of commercial drug trafficking. 19. January 2019, he has been in a RAID in his Späti with a bag of drugs caught – 65 single-servings of Cannabis.
This is not in dispute. But as it came to the RAID, the house search? The defendant is silent. The witness for the prosecution occurs. A police officer (27), casual, relaxed.
Späti as a drug-transshipment point
He told investigators the Späti and exactly opposite the Café as a drug transshipment point is known. The principle of drug-buyers go to the Café, pay, then the goods shall be delivered to the opposite Späti – and then the buyers disappear quickly.
On the 19. January 2019 investigators check the Suspect in the vicinity of the café. The young man has two surprise eggs, both filled with hash for 80 Euro.
The 27-year-old police officer calls the on-duty Prosecutor, requested a warrant for the Café and the Späti. A little later a use-hundreds of police approaching, frisk both stores. In the Späti Abdul B. the police officers. As the hear the word house search, he pulls out the bag with the drugs out of the jacket, hands it to. Anything else would be pointless.
opposition to the Ü-eggs in the cafe
But what is the police officer of the state told a lawyer? He claims to have not said the drug buyers have bought the fabric in the Cafe. But, allegedly, somewhere else entirely, which is not implausible. Only The state attorney noted in their call note is exactly that: The police have declared the drug buyers have added to have the Ü-eggs in the Café bought. To this contradiction of defender Olaf Franke pointed out, says the COP, this must be a misunderstanding have been. A Misunderstanding? dpa/Jordan Raza/Reuters the entrance of the criminal court of Moabit.
The defender smiles. His client is now one and a half legs of a free man. The attorney will be called as a witness. She says you have noted, what had the policeman said. And this COP would not have said, the drugs buyer bought the fabric in the Café, she would have applied for sure no search warrant (which was approved at the time by a judge, immediately).
“prohibition” helps the offender here
This means that The search was unlawful. The fact that Abdul B. actually had the bag with the drugs, is irrelevant. Everything that was found during the search shall not be taken into account by a court. It’s called “prohibition”.
Now the state is in the underpants. The public Prosecutor requested for the drug dealers acquittal, the defender also. The court must advise five minutes. Acquittal. All costs of the proceedings – and, of course, the major police operation is borne by the taxpayer.
Nothing had happened, except for two surprise eggs. But that is how our legal system works. If no one sticks to the rules, it must do at least the state. “There are no rules”: Majorca-Star appalled by the Dutch section at the ball man FOCUS Online “There are no rules”: Majorca-Star appalled by the Dutch section at the ball man
