Question juridique clé
Whether the phone surveillance and use of incidental findings were unlawful and thus unusable against the defendant.
Solution extraite
The surveillance was properly authorized and the incidental findings were lawfully used; the defendant suffered no prejudice from the lack of a formal service of the surveillance notice.
Motifs extraits
The relevant surveillance regime was the former BÜPF. The defendant had been informed of the interception and contested it in the trial proceedings. The record showed a sufficient suspicion of qualified drug offenses, and the incidental findings against the intermediary justified further surveillance. The appeal failed to show any concrete unlawfulness.