Questão jurídica principal
Whether the cantonal decision authorizing police assistance for the enforcement officer was unlawful.
Decisão extraída
Police assistance may be used not only for opening rooms and containers under the debt-enforcement statute, but also whenever enforcement of an official act would otherwise be prevented by force or exposed to serious difficulty or danger; the police authority need not examine the underlying enforcement legality.
Fundamentação extraída
Art. 91(2) SchKG expresses a general principle that public power supports officials in carrying out lawful functions. Once the officer acts within his general competence, the police only assist and do not review the merits of the act; the officer remains responsible for any unlawful conduct.