A report of viewing security cameras from 15 Sumkan Street prepared by Policeman Yogev Cohen on July 25, 2022 (P/36).
The testimony of Officer Daniel and the action report (P/47) indicate that the intrusion into the security cameras at the site was carried out before a judicial order was issued and even without obtaining informed consent. Furthermore, a judicial order obtained after the police infiltrated and copied videos from security cameras without a warrant, does not legitimize the act of penetration and copying that was carried out earlier. In this context, I will note that it was held that: "The mere issuance of a search warrant does not legitimize illegal actions carried out by the investigating authorities prior to its issuance, nor does it affect a future hearing to be held on the question of the admissibility of the evidence obtained as a result of an unlawful search or in connection with it, nor on the question of the entitlement of the interrogee to other remedies as a result of the unlawful action" (Additional Criminal Hearing 1062/21 Jonathan Urich v. State of Israel, paragraph 107 of the judgment of President E. Hayut (January 11, 2022)).
See also the words of the scholar, Dr. A. Harduf: "It is important to emphasize, and it is even important to declare: any action that the court permits at the stage of the request for re-intrusion has no bearing on the question of the legality of actions taken prior to the court's involvement. Even in a legal reality in which it is possible to make investigative use of improperly produced evidence, and even in a reality where evidence produced as aforesaid can be accepted in court, there is no way to legitimize the production of improper evidence retroactively" (Assaf) The persecution "to prepare the burst: Requesting an order to penetrate computer material after unlawful penetration - a cleaning order or a whitewashing order?" Sentences on the website 15:60, 74 (2020)).
- The video taken from cameras At 87 Weizmann St. in Bat Yam (P/54) A report of a visit to the scene was submitted to the ZIT investigator prepared by Officer Daniel on July 25, 2022 (P/52), detailing security cameras seized at 87 Weizmann Street in Bat Yam, with the consent of Ms. Maya Maccabi. A request was filed to back up and download video files from cameras at 87 Weizmann Street in Bat Yam at the time of the incident between 13:00 and 13:20, which was prepared by Officer Daniel on July 24, 2022, together with an "Owner's Consent Form", in the usual form as signed by the defendant's mother, which was signed by the camera owner, Mrs. Maya Maccabi, in the presence of Policeman Nati Hoshir (P/56). It was not proven that it was explained to Ms. Maccabi that she had the right to refuse to give the cameras and that her refusal would not be attributed to her obligation.
Ms. Maya Maccabi testified on behalf of the prosecution and said that she lived in a private house at 87 Weizmann Street and confirmed her signature on an owner's consent form for downloading digital media files (P/56) (p. 469 of the protégé). The witness stated that she agreed to assist the police officers and did not ask them questions (p. 470 of Prut).