Copied from Nevo
The Procedure
- Further to the judgment in the Tabqa, on February 23, 2022, the police established a new procedure, which is up for discussion in our case - Procedure for presenting an ID card and the obligation to identify yourself before a police officer (220.002.19) (hereinafter: Procedure). Among other things, Section 4A of the Procedure stipulates that according to the authority granted In the section 2 According to the Identity Card Law, a police officer may require a person to identify himself if one of the following grounds is met (emphasis added):
- According to the circumstances, it is necessary to find out whether the holder of the certificate is an Israeli citizen or resident.
- There is a concern that an offense has been committed in which it is necessary to ascertain the person's age (such as in the case of a concern about the sale of alcohol to minors).
- For the purpose of providing assistance to a person in distress whose identity is required for the purpose of providing assistance.
- There is reason to fear that this is a person who is being sought by the police (for example: missing, a fugitive criminal, wanted for interrogation).
- There is a concern that an offense has been committed or is about to be committed and there are circumstances that indicate possible involvement of the person in the offense, and it is necessary to clarify a detail of the details specified in the identity card. For example:
- a) The person's behavior indicates possible involvement in the offense or the possibility of being a witness to the offense;
- b) A person is in a place, time and under circumstances from which it can be inferred that he is there for a prohibited or improper purpose.
The procedure also stipulated, inter alia, that with regard to exercising the power to demand identification, "the police officer must make an effort not to detain the person beyond the necessary period of time."Section 5A(3)); that "the policeman is entitled to verify the details specified in the identity card in the police systeMs. At the end of this examination, the police officer will return the person's ID card and complete treatment."Section 5b); and that "to the extent that there is a need to exercise additional powers, the police officer must act in accordance with the rules applicable to the performance of these actions and in accordance with the powers under any law, and to the extent that there is a need to perform additional actions (questioning, examination in information systems, etc.) after the return of the identity card, the police officer must act in accordance with the rules applicable to the performance of these actions and in accordance with the powers under any law."Section 5c).