Supreme Court criticized police conduct: "Police should not assume that all their actions will be court-approved" • Jonathan Orich: "There are judges in Jerusalem"

• Photos: Coco, Yossi Seliger

The Supreme Court on Wednesday partially accepted the request of the Prime Minister's Counsel, Ofer Golan and Jonathan Orich, on the ruling of the Magistrate's Court to allow their mobile phones to be searched in the State of Harassment case, Shlomo Pilber.

Judge Joseph Elron ruled that the case will be returned to the Tel Aviv-Jaffa Magistrate's Court, which will have to consider whether the search warrants were based on information obtained from an illegal search of the four mobile phones at the time of their investigation. The judge added that if it was found that the information on which the orders were requested was obtained from a previous search that was performed illegally on their devices, then the search orders would be canceled.

Ofer Golan filed complaint in the DIP // Photo Archive: Moshe Ben Simhon

As we recall, during the investigation of the four - Jonathan Orich, Ofer Golan, Yossi Shalem and Israel Einhorn - searches were carried out on their mobile phones without a legal order. In addition, the search was conducted without being informed that they could refuse to search the mobile phones, which would not be charged. Later, the state applied for a search warrant on the four mobile phones.

In the Supreme Court's summary, it was held that in cases where a request for a search warrant was issued on a mobile phone, a search was carried out illegally. That is, the first step is to examine whether the requested order is based on information obtained from an illegal search on the device. If the answer to this question is positive, it should be considered in step two, whether there are special considerations that justify the granting of the search warrant, despite the serious violation of the privacy of the interrogator.

More on:

The telephone case: PM's advisers appealed to the Supreme Court

The district rejected the appeal of Netanyahu's advisers and allowed police to search their phones

Netanyahu's Advisers Turn to Mandelblit: "Stop the Inquiry Due to Police Failures"

Arden: "Use of Invasive Means - Only When Clearly Necessary"

Justice Elron accepted the position of prime ministers who argued that the connection between the information obtained in the early search of their devices and the alleged evidence of the imperative of the orders had not yet been sufficiently clarified - and therefore there is no escape from returning the case to the magistrate's court, in order to establish findings on this question.

The judge also emphasized that search of a mobile phone by an unlawful interrogator is a serious violation of his right to privacy, in gross violation of the law, and that police investigators should assume that all their actions will qualify for court action.

Joseph Elron, Supreme Court Judge // Photo: Michelle Dot Com

According to Judge Elron, investigative authorities must strictly adhere to the provisions of the law and investigative procedures, and set an example for every citizen for proper conduct. Consequently, it is not to be expected that the investigative authorities are acting in contravention of the law, as part of their efforts to eradicate crime. In addition, the courts have a duty to scrutinize the rights of interrogators and to ensure that applications placed before them, which may violate the rights of interrogators beyond what is required, are unanswered.

In light of the seriousness of the violation of the privacy of the four applicants, Judge Elron insisted that the state examine in depth the circumstances that led to the violation of their rights, derive its lessons and summarize the law with those responsible.

Shortly after Supreme Court decision Jonathan Orich, prime minister's adviser welcomed the decision on Twitter: "There are judges in Jerusalem. Congratulations. Justice Elron's ruling will end the police's illegal searches this morning. A dramatic change in the rights of Israel's investigators. Thank you to my attorneys Noa Milstein and Amit Haddad who have brought a huge achievement and are now preparing for the Magistrate's Court hearing. The truth and justice prevailed! "