Supreme Court Rules: Even with Consent – The Police Have No Authority to Search a Phone
- ISMAIL & Co. Law Firm
- Oct 8
- 2 min read
⚖️ A landmark ruling by the Israeli Supreme Court has reshaped the legal landscape: from now on, the Israeli Police has no authority to search mobile phones or computer data of suspects without a judicial warrant—even if the suspect consents to the search.
The Court accepted a petition by the Public Defender’s Office against a long-standing police procedure that allowed “consensual searches,” ruling that the practice constituted a serious violation of the law and a breach of the constitutional right to privacy.
Justices Solberg, Amit, and Mintz emphasized that:
📱 A search of a mobile phone constitutes a profound invasion into “a person’s closest companion.”
⚖️ A person’s consent cannot create lawful authority where none exists in statute.
📜 Section 23A(b) of the Criminal Procedure Ordinance is unequivocal: a search of computer material may only be conducted pursuant to a judicial warrant.
Justice Solberg further compared the issue to a situation in which a person cannot “voluntarily” waive their liberty and become a slave—even if they purport to consent. Consent, he explained, cannot replace a statutory requirement for judicial authorization, especially in light of the inherent power imbalance between the individual and the state.
Nevertheless, in consideration of the State’s position regarding the investigative importance of consensual searches, the Court ruled that the invalidation of the procedure will take effect after an 18-month transition period, to allow the legislature to regulate the matter by law.
This decision is far more than a technical adjustment to investigative procedures—it draws a clear red line between governmental authority and the individual’s right to privacy, marking a significant step in protecting personal rights in the digital age.
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