Question juridique clé
Whether the police officer's conduct in the bar had to be treated as covert investigation under the BVE and excluded from evidence
Solution extraite
The Federal Supreme Court held that the case had to be judged under the law in force at the time of the police operation in April 2004, not under the BVE in force from 1 January 2005, so the lower court's exclusion reasoning under the BVE could not stand.
Motifs extraits
Evidence cannot become defective retroactively because of a later change in procedural law; the legality of the investigative step depends on the law applicable when it was carried out.