MovieChat Forums > Fasandræberne (2016) Discussion > Would the evidence hold in court

Would the evidence hold in court


Hi,
I am not that good into Danish law,

but I wonder if the evidence that the main characters steal from Ulriks mansion, would hold in court.

/lars

reply

I Don't think police are allowed to do as they did here in denmark.

But none of that matters because:

When they got caught after collecting the evidence I would assume that the bad guys retained the evidence. We never saw that Carl and Assad got the evidence back again.

reply

http://www.themis.dk/searchinclude/lovsamling/Retsplejelovens_kapitel_73.html (search rules in Danish)

Google translate incomming:
Section 796
Subsection. 3. If the study's purposes would be wasted if the court order had to wait until the police may decide to conduct the search. When sending it towards the room space, localities or objects raid recovers, request, the police as soon as possible and within 24 hours submit the case to the court, by order determines whether intervention can be approved.

Basically, this means, the police can search a house and get the warrent 24 hours later, if the evidence is at risk of disappearing, while waiting for the court order.

reply

Hey did you see this movie with English subtitles? Trying to find it.wondering if that version was out already. Thanks

Darth Vader is Luke's father

reply

Inadmissible evidence doesn't really exist in Denmark.

Usually when a search is deemed unlawful, then the question is whether the investigators should be punished. Not whether the evidence is admissible. Admissibility of evidence has nothing to do with the conduct of the investigators.

The only cases I've read about where a search was found unlawful were instances where the cops didn't find any evidence and their justification for the search was flimsy. In those cases it will cause some embarrasment and the police will give som kind of public excuse.

If the police find important evidence, the search is lawful per definition. Unless of course they fail to apply for a court order within 24 hours. But I've never heard about that. If it ever happens, the investigators will probably get some kind of slap on the wrist. It will not change the admissibility of the evidence.

There are a few exceptions. If during a search the cops find evidence of other crimes than the one they are doing the search for. Then the new evidence can only be used if it by itself is suficient to justify a search. Written messages from a person that is exempt from testifying (like a spouse) cannot be used in court etc.

reply

I wondered the same thing but I guess they knew what they were doing.
They were cops after all.


Thumbs Up, Thumbs Down and a Wagging Finger of Shame

reply

Pretty sure there was no court. ;)

reply