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[CRIME] · Italy · 8 sources

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Sulmona judge annuls police search based on nervousness

A judge in Sulmona has annulled the actions of Carabinieri officers who conducted a personal search of two brothers in Castel di Sangro based solely on their nervous behavior. Judge Emanuele Lucchini ruled that while routine patrols are legitimate, mere nervousness during a stop does not constitute sufficient objective grounds to justify a search under Law 152/1975, which requires specific circumstances of danger or suspicion of weapons.

The ruling establishes that without symptomatic indicators of concealing weapons or dangerous tools, individual liberties cannot be restricted based on perceived anxiety alone. The case is expected to move to a civil matter following the declaration of the illegitimacy of the officers' actions.

Entities

Castel di Sangro · Matera · Polizia di Stato · Tribunale di Sulmona