No reduced sentence for unlawful house search in drug case

The police had initiated a search of the home of a man who was suspected of having smoked weed. The Supreme Court found - without discussing the issue itself - that the search lacked a legal basis, as the man could not reasonably be suspected of drug possession. This thus amounted to a violation of Article 8 of the ECHR. The Supreme Court found that the violation had been sufficiently remedied by the courts having established it, and that the man had to have tolerated the search if the police had had better grounds for suspicion at an earlier time. The additional mental burden he had sustained by the unlawful search had to be considered modest. The search had also been carried out in a gentle manner by civilian police, in line with his own wishes. There was then no basis for reducing the sentence. The penalty for violation of section 231 subsection 1 of the Penal Code was set to five months of imprisonment.

Read the judgment (Norwegian only)

Area of law: Criminal law. Sections 157 and 192 of the Criminal Procedure Act. Articles 8 and 13 of the ECHR. Section 78 of the Penal Code. 

Key paragraphs: 18-20, 30-31 og 34

Justices: Øie, Bull, Falch, Bergh, Høgetveit Berg