A Tel Aviv Magistrate's Court judge acquitted a man of possession of drugs, a fist and those in his car, after preferring his version over that of a police officer • "No suspicion has been proven that justifies a search of his body
"The policeman's version raises difficulties"
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Tel Aviv Magistrate's Court Judge Eitan Kornhauser acquitted a defendant of possession of drugs, a fist and a stick in the car, after preferring the defendant's version over that of a Yarkon police officer. In his decision, he wrote: "The police officer's version raises difficulties "Regarding the reliability of his version compared to the defendant's version."
According to the indictment, while the defendant was driving his vehicle on Kaufman Street in Tel Aviv, he was in possession of a cannabis-type drug weighing about 7.5 grams for his own consumption.
Also found in the car door were two fists made of metal and a folding metal goddess.
The defendant, through his attorney Advocate Zohar Barzilai, claimed that the search was illegal. Therefore, testimony was heard from the police officer who arrested the man and also from the defendant himself, who did not deny the drug, the punches and the goddess were in his possession.
The police prosecution argued that the testimony of the police officer from the Yarkon area regarding the circumstances of the incident should be accepted, which justifies the search authority. Regarding the possession of the punches and these, the prosecution claimed that the defendant provided several versions, none of which served a kosher purpose of detention. They appealed for the defendant's conviction. On the other hand, the defense attorney argued that the police officer's testimony was more than reasonable that he did indeed smell the suspect's vehicle as a drug, and hence he had no search authority.
"Knocked on his car while shouting"
In his testimony at trial, the officer said he stopped the vehicle for inspection because of "the very suspicion that it zigzagged between the lanes without signaling."
When the driver stopped, he smelled a very strong odor of drugs from the vehicle, asked if he did indeed hold them and told the defendant to lighten it so that he would not "turn over the car".
At this point, he said, the defendant took out of his panties a bag containing a cannabis-type drug weighing about 7.5 grams.
Later, during a search conducted by the policeman in the vehicle, he grabbed two punches and those in the driver's door.
On the other hand, the driver claimed that while driving on the road, two policemen jumped on both sides of the vehicle and knocked on his vehicle while shouting.
The policeman opened the passenger door next to the driver, shouted at the defendant to turn off the vehicle and stopped the engine himself.
The other policeman opened the driver's door, took the defendant out of the vehicle and searched him, without telling him anything or warning him.
Defendant went on to testify that after the other officer found a bag containing drugs that had popped out of his underwear, a search was conducted in his vehicle, during which the other officer found the punches and batons in the driver's door.
"Issue of search legality not proven"
Judge Kornhauser, who acquitted the defendant, wondered why the two other officers who were at the incident did not file action reports and ruled that the difficulty in obtaining the officer's version was exacerbated given his reaction to the lack of action reports from other officers.
As he testified, he was at the scene along with two other police officers who noticed what was happening.
The judge also wrote in his decision that he stopped the vehicle for inspection because of "the very suspicion that it zigzagged between the lanes without signaling" and then it turned out that a camera of the "Hawk" system, which detects vehicle license plates and assists the Israel Police in exposing offenses This is a person needed for interrogation.
"The accuser was unable to prove the existence of a reasonable suspicion, which justifies the existence of a search on the defendant's body and vehicle or any reason for this search in accordance with the powers conferred on the police in various provisions of the law. The search, without explaining to the defendant his reason and without seeking consent, Of two police officers who stop the vehicle while driving and take the defendant out of it, does not meet one of the alternatives that gives the police officer search authority without a warrant, "the judge wrote, adding:" The legality of the search on the defendant's body could be examined as he was arrested for questioning. "As stated, this issue has not been proven and the action of the police officers being examined is different. Therefore, I determine that this is a search that was conducted illegally."