Flying High Above the Law in St. Gallen

When Swiss law enforcement decides to adopt new technology, it occasionally demonstrates a comfortable disregard for statutory foundations, relying instead on administrative convenience. In the canton of St. Gallen, police have officially taken to the skies, deploying airborne drones to measure speeds along winding road sections. The procedure is straightforward enough: the drone films vehicles only when suspicious driving is observed, allowing officers to calculate velocity after the event.

Philipp Sennhauser, head of the St. Gallen traffic police, maintains that these airborne measurements bypass minor traffic infractions to focus strictly on those driving at massively excessive speeds. An initial testing phase comprising six controls uncovered two speed violations alongside charges for illegal vehicle modifications. Yet, across Switzerland’s 26 cantons, St. Gallen stands almost entirely alone with this strategy. A survey of cantonal forces reveals that only neighboring Thurgau conducts similar drone operations. Other authorities, including the cantonal police in Zurich, explicitly refrain from the practice on the grounds that the necessary legal basis simply does not exist.

Legal scholars share that skepticism. Regina Kiener, a police law expert at the University of Zurich, points out that while no one wishes to protect dangerous drivers, state controls must respect rule-of-law principles. Patrice Martin Zumsteg of the Zurich University of Applied Sciences emphasizes that St. Gallen relies on excessively broad general norms. In his assessment, surveillance from above requires specific legal authorization within both cantonal police law and the code of criminal procedure.

To justify its position, the St. Gallen police force relies on a 2024 ruling from the High Court of Thurgau. There, officers used a drone to capture a motorcyclist travelling at over 200 kilometres per hour in an 80 kilometre per hour zone. The court deemed the footage admissible because filming commenced only after concrete suspicion arose. Crucially, the court added that even if the recording were unlawful, criminal procedure allows illegally obtained evidence in cases involving serious offenses. Thurgau has used speed-monitoring drones since 2020, resulting in 12 reported cases and several binding convictions, none of which reached the Federal Supreme Court in Lausanne.

Relying on the convenience of evidentiary backdoors remains a questionable approach for state institutions. Zumsteg highlights that Thurgau's legal framework does not automatically apply to a neighboring canton with a distinct police law. An upcoming total revision of St. Gallen's police law offers a clear opportunity to establish explicit rules. Until then, authorities seem content to let police technology fly comfortably ahead of the law.

Written by Thorben Thiede thorben.thiede@alpineweekly.com