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Police used the same search warrant twice - and were forced to drop the indictment
Police officers arrived at N.'s apartment with a search warrant in hand, and although they stated that they had not found anything, they once again found a vial of rape drug.
At the evidentiary stage of his trial, it emerged that the order explicitly stated that he had only validated once, and the judge ordered that the charge be dropped altogether.
"Disturbing picture of abuse and persecution"
Tags
The rape drug
Drugs
Israel Police
Daniel Dolev
Tuesday, 29 December 2020, 21:39
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In the video: A nightlife man is questioned by the police after the remains of drugs were found in the body of his baby son (Walla! NEWS system)
Police have returned an indictment against a young man who was caught with drugs in his apartment.
This was after it became clear that the police returned to the apartment after completing the search, even though the search warrant explicitly stated that it could only be used once.
At the end of August 2018, police officers arrived at N.'s business in Tel Aviv, and at his apartment, with a search warrant in their possession.
The suspicion: drug trafficking.
The police searched the apartment and the business, as well as his car, but left empty-handed.
"I searched the business where nothing was found, and nothing was found in the apartment," wrote one of the police officers in the operation report. "It should be noted that a search was made of the suspect's brother's vehicle but nothing was seized.
At the end of the search, the police also signed N.'s brother, who served as a witness, on a form stating that they had not found anything.
But then one of the officers decided to call the investigating officer at the station.
After talking to him, he returned to the apartment and searched the living room of the house again, where he found about two grams of marijuana and a small vial that looked suspicious to him.
He asked N. what was in the bottle, and the latter replied: "G".
Refers to GHL, known as the "rape drug" but also used as a party drug, which is especially popular in the gay community.
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"Nothing was caught," the action report said.
Bottles containing rape drug (Photo: Israel Police)
Last September, the police prosecution filed an indictment against N. for possession of a drug for self-consumption, and this month the evidentiary phase of his trial began.
About three weeks ago, Officer S., who found the drugs in the living room of N.'s apartment, went to the witness stand.
The defense attorney, Adv. Aviran Asban, drew his attention to the fact that the search warrant issued by Judge Ita Nachman was explicitly written: "Do not use this warrant more than once.
" "Why did you do another search?", The defense attorney asked the policeman S.M., who replied : "I guess the search was carried out following the JSL (reasonable basis for suspicion) of the drugs or because of the issue of intelligence." The policeman added that he did not receive an instruction from the investigating officer to continue the search, and that he did not know another policeman had already signed the search report. He knew, he would not search the living room again.
A few days after that testimony, the police prosecution informed the court of the return of the indictment. As the perpetrator, we will agree to return the indictment. "Although usually returning an indictment at such a stage means acquittal, Judge Itai Hermelin ordered that the indictment be dismissed - with N.'s consent - as if it had never been filed.
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To the full article
Defense counsel Adv. Asban said: "My client was searched by four police officers who stated that 'nothing was caught', which is a certificate of integrity for him.
The fact that one of the policemen decided to use the order once more, when he returned to the apartment alone, at a later stage, after the search was over, paints a disturbing picture of abuse and persecution towards suspects and my client in particular.
This is in contrast to an explicit provision in the search order signed by a court, that the order should not be used more than once. "The
Israel Police responded:" An indictment was filed against the defendant after he admitted during his interrogation that he possessed two types of drug.
Defendant changed his version and village attributed to him in a court hearing.
After examining the circumstances, the prosecution decided to cancel the indictment with the consent of the parties. "
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