Santo Domingo.- From now on, the Police will not be able to seize equipment from those who play loud music in grocery stores, vehicles and homes without a reasoned order from a judge, following the ruling made into jurisprudence issued yesterday by the Constitutional Court (TC), which orders the return to its owner of several speakers used in a business.
The rulings of the Constitutional Court become case law (guidelines to follow) that must be complied with by the bodies affected by the decisions taken in this regard.
As a guardianship of the protection of the right of property, the TC He understood that the seizures of audio speakers by the Public Prosecutor’s Office and the Police without the authorization of a judge are irregular.
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For this reason, the court ordered the return of several Audio Max brand speakers to their owner, with a fine of one thousand pesos per day for each day that passes without the sentence being executed.
The order for delivery was given to the Attorney General’s Office and the Specialized Environmental Prosecutor’s Office of the province of Santo Domingo.
This decision adds to two that have been issued in recent days by the Constitutional Court protecting the right of property and at the same time granting a period of 15 days for the speaker to be returned from notification of the sentence.
Francisco José Herrera del Orbe won his case by filing a constitutional review against judgment 0030-02-2022-SSEN-00255 issued by the First Chamber of the Superior Administrative Court that declared inadmissible the amparo action in which he sought the return of his speaker 10-AX7-SNY210, AUDIO MAX-809 IM.
In their decision, the judges maintain that the National Police practically carried out a search without a warrant and seized the property without there being any criminal proceedings against it.
