Kernrechtsfrage
Whether the police stop and entry into the restaurant's private room were unlawful and rendered the evidence unusable.
Extrahierter Entscheid
The police had a sufficient basis to control and pursue the suspect, and the room could lawfully be entered with the host's consent; alternatively, entry was justified under the Code of Criminal Procedure.
Extrahierte Begründung
The car and driver gave rise to a concrete suspicion during night patrol, the suspect tried to evade control, and the witness statements supported consent by the host. Even without consent, the search for the person to be stopped was permitted by procedural law.