
Acquittal on ANOM Evidence: Landgericht Memmingen Applies Exclusionary Rule
The Landgericht Memmingen acquitted the defendant on 21 August 2023 (1 KLs 401 Js 10121/22) after holding that ANOM chat data — the sole evidence in the case — were subject to an exclusionary rule (Beweisverwertungsverbot); the case was subsequently heard by the BGH on revision (1 StR 107/24, 22 January 2025). The chamber found that the FBI's permanent refusal to disclose the identity of the third-country server host and the underlying judicial orders made any independent review impossible, creating a procedural gap incompatible with Art. 6 ECHR. In contrast to EncroChat — where the French server location and court orders are known and examinable — ANOM's structural opacity precluded both the defendant and the court from verifying the lawfulness of data collection. The chamber further held that undifferentiated surveillance of all ANOM users constituted mass surveillance incompatible with constitutional standards (cf. BVerfG, NJW 2002, 2235). The decision remains a foundational reference for exclusionary-rule challenges in ANOM proceedings throughout Germany.