Kernrechtsfrage
Whether the seizure of the cash as suspected gambling stakes or winnings was obviously unlawful
Extrahierter Entscheid
The seizure was not obviously unlawful; the suspicion that the cash could be gambling stakes or winnings was sufficient at this stage.
Extrahierte Begründung
At the start of an investigation, only a corresponding suspicion is needed for provisional seizure under Art. 46(1)(b) VStrR. The appellant’s admission that he played, and his account of only small amounts, did not dispel the suspicion; carrying several hundred francs loosely in a shirt pocket was also considered implausible.