Questão jurídica principal
Whether the cantonal court arbitrarily applied §§ 109, 110, 111 and 113 Zurich Criminal Procedure Code by treating the radar-operating police officer as a non-expert and admitting the measurement evidence.
Decisão extraída
The police officer was not a court-appointed expert; his pre-trial technical work did not fall under the expert provisions, so the evidence remained usable.
Fundamentação extraída
An expert is appointed by a judicial body during proceedings. Here, the officer acted before the criminal case had been initiated and was not appointed, warned, or acting as an expert in the procedural sense. Therefore the cantonal court did not act arbitrarily in holding the expert rules inapplicable.