Montoro's office desires to terminate the emails that instigated the case, due to the Mossos' alleged illegal acquisition.
In two high-profile cases in Spain, legal teams are contesting the legality of email searches conducted during investigations.
In the Economic Team case, the appeal argues that the search for emails violated constitutional protections, particularly the Fourth Amendment rights against unreasonable searches and seizures. The appeal contends that the manner and scope of the email search exceeded legal authority and lacked proper warrants or justifications, making the search unlawful. Potential constitutional violations include infringements on privacy rights guaranteed by the Fourth Amendment, as well as possible breaches of due process under the Fifth Amendment if the search procedures failed to meet legal standards ensuring fair treatment.
However, the available data does not reveal specific details about the Economic Team case, the exact nature of the email searches, or the legal arguments supporting the constitutional violations. While some documents discuss rulings of illegality and constitutional challenges in different contexts, none explicitly address the Economic Team case or email search legality and related constitutional concerns.
In the Montoro case, the investigation has been criticised for allegedly violating Article 18 of the Spanish Constitution, which safeguards the inviolability of the home, the secrecy of communications, and personal intimacy. The legal team argues that without proper authorisation, it is impossible to initiate the case. They compare the investigation to the discovery of weapons, drugs, or child pornography in a home search, which would also require the judge to expand the authorisation.
The legal representative of Economic Team has also requested the annulment of all emails provided by the Mossos in their 2018 report and related autos. This request stems from the appeal's claim that the email search was illegal.
The Montoro case revolves around an alleged network involving high-ranking officials of the governments of Aznar and Rajoy, making it a significant point of interest. The object of every criminal investigation must be delimited, and it is not possible to initiate criminal proceedings against a person, an entire professional or business environment, or a social phenomenon solely based on appearances, as emphasised by a 2023 ruling from the Supreme Court.
These cases underscore the importance of upholding constitutional rights and the need for proper authorisation in criminal investigations, ensuring that searches remain within legal bounds. The outcomes of these legal battles will have far-reaching implications for future investigations and the protection of citizens' rights in Spain.
- The Economic Team's appeal asserts that the email search, which they claim to be unlawful, infringed upon their Fourth Amendment rights, similar to potential breaches of privacy rights guaranteed by this amendment in finance, business, politics, or general-news contexts.
- The Montoro case, involving high-ranking officials, draws parallels with the search and seizure of weapons, drugs, or child pornography, stressing the necessity of proper authorisation in finance, business, politics, or general-news investigations, in line with Article 18 of the Spanish Constitution.
