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Geolocation: when EU law hinders criminal investigations in France

2024-02-28T18:24:31.276Z

Highlights: The Court of Cassation recalled the strict conditions for geolocation of mobile phones. The data collected highlighted the possible involvement of a person in collecting money linked to drug trafficking. The Court insisted on the fact that " the real-time geolocated of a mobile phone is an investigative measure which must be subject to prior control by a judge or by an independent administrative entity ” This means of investigation is nevertheless essential, if only for the fight against narcotics, so dear to the President of the Republic.


DECRYPTION - Based on European case law, the Court of Cassation recalled the strict conditions for geolocation of mobile phones.


With each decision of the Criminal Chamber of the Court of Cassation limiting the means of investigation against delinquency, a long shudder runs through the prosecution, while the police force utters cries of horror.

On Tuesday, a new ruling from the Supreme Judicial Court recalled how the public prosecutor's means of investigation were hampered in its fight against delinquency.

In case the latter had not understood it, the Court insisted on the fact that "

the real-time geolocation of a mobile phone is an investigative measure which must be subject to prior control by a judge or by an independent administrative entity

”.

This means of investigation is nevertheless essential, if only for the fight against narcotics, so dear to the President of the Republic.

In the case judged by the Court of Cassation, “

the data collected highlighted the possible involvement (of a person) in collecting money linked to drug trafficking

”.

In this case…

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Source: lefigaro

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