Whether the seized Yemeni driving licence should be released because it was allegedly authentic.
The seizure was justified because the licence could serve as evidence and the file contained no contrary indicia strong enough to displace the suspicion of forgery.
Under Art. 223 CPP, items may be seized if they may have served in or resulted from an offence, or may help establish the truth. The licence had been sent for forensic review; the identity unit identified features typical of counterfeit documents and concluded it was a complete forgery. No opposing proof was found in the file.