Customs may not forcibly open a vehicle

During a check on a motorway area, customs officers discover a vehicle parked without an occupant and locked. They can see visually the presence of banknotes wrapped in clear cellophane paper and a black, closed, elongated cover inside. Dogs trained in drug detection also mark the vehicle. Upon permission from their superiors, they break one of the windows. Inside, they find cash, three grams of cannabis resin and a bag full of weapons. The owner of the searched vehicle is charged and remanded in custody. In view of the irregular customs inspection, he requests that it be annulled and that all the acts resulting from the procedure be annulled and that he be released. The Investigative Chamber of the Court of Appeal dismisses all of his requests.

The Court of Cassation quashes and quashes the judgment of the Court of Appeal as contrary to Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. It refers the case back to the Court of Appeal for retrial.

This enactment enshrines the right of every individual to a fair trial. This concept requires respect for the rights of the defense and the principle of equality of arms throughout criminal proceedings, whether by customs officers or judicial police officers. Thus, when a vehicle is stopped or parked, the search necessarily takes place in the presence of the driver or owner of the vehicle or of a person designated by the inspecting officer (unless there is a serious risk to the safety of persons and property).