The development of the problem of hidden recording from a police perspective

As part of this paper, a selection of audio traps was analysed. Their development and prospects for use by the police were then briefly outlined. Reference was also made to the establishment of European case law in national courts and to the increasingly strong influence this is having on the development of audio traps. It was found that, on the one hand, the hearing trap is an indispensable tool for the police to obtain incriminating statements in the fight against serious organised crime. On the other hand, it is becoming increasingly difficult for law enforcement authorities to legally use the hearing trap as a covert measure in light of the European Convention on Human Rights. More and more often, the admissibility of the statements obtained fails due to the increasing strengthening of the defendant’s rights of defence through European case law and its influence on national case law. Ultimately, the police are advised to limit themselves to obtaining information and statements through the use of undercover investigators, which is legally permitted.