Mr. Police Officer - I see, have a nice day.,
While it's indeed problematic that the intent alone can be fined, the prosecution needs proper tools to prevent crime (the fine allows confiscation of the tools). Some 30'000 burglaries and break-ins are registered annually (down by half since the peak in 2012 but up by some 20% since the covid bottom), less than 20% get cleared and the majority of those culprits are non-resident. Neighboring Bayern, for comparison's sake, registers only 4k-4.5k burglaries per year despite 50% larger population.
The most damaging consequence of a burglary isn't physical but psychological, you stop feeling safe in your home. One of my relatives got burglared maybe 20 years ago, his spouse had trouble sleeping well and didn't feel safe at home for multiple years (he took less time to "go back to normal").
I for one am grateful that the reaction isn't, like it is in some US states, to raise the bar for what is prosecutable. Sure, their statistics may improve but that doesn't reduce the number of acts and their damage, quite the contrary.
That's not my experience though. I have been severely harassed by border guards in Geneva once, without any good reason. 22:30, huge border crossing (Vallard) that sees big traffic jams every day, but at that time it was empty. Just a bloke in his old Swiss plated car coming back from climbing session across the border. I did have climbing gear, sweaty sport clothing, and literally nothing else in the empty car, definitely no funky tools. Explained to them where I was (Vitam parc just across the border, best and biggest climbing gym around that whole Geneva goes to, back then I went there cca 3x a week every week through same border), but they took me aside. Full search of the car. Then slowly scanning through all my papers, going though my whole sport backpack (just sweaty clothes), taking away ALL my cash from my wallet, all credit cards, and then throwing at me all this to sort out if anything was missing.
It took 45 minutes, in the middle of the night. I was hungry, thirsty, asked for cup of water which they understood well but completely ignored. No explanation, anything. Let me tell you, its no fun to be treated like that for no reason in the middle of the night, out of blue when you least expect it. They had the upper hand and let me tell you they knew how to get message across who is in charge.
Thanks to this I for one prefer some usual law protection compared to blindly trusting every single member of enforcement force, now and forever that they will never ever abuse the position of power. Even if 99% will never do, its not good enough if you are unlucky just as I was. I haven't gained back any kind of trust in them.
LOL
Border guards have enormous power. They can take your car to pieces and don't have to put it back together again.
I do wonder how you know they had no good reason. Except for the fact that you knew you'd done nothing wrong.
You sure about that, if they find something of consequence maybe, but if they find nothing whatsoever, what is the position then ?