As stated, we are dealing with a major offense involving attempted murder, and it seems to me that there is no need to elaborate on the seriousness of the act and its consequences for the victim of the offense and his family, as well as for the entire public that is entitled to the law enforcement system to bring to justice those who commit offenses with such a high level of severity. The evidentiary findings that were seized bring with them real reinforcement alongside all the evidence linking the defendant to the act attributed to him. In these circumstances, I am of the opinion that the public interest prevails over the flaws that occurred in the search that yielded the evidentiary findings, which I do not take lightly in the fact that the police did not take care to carry out the search lawfully.
Therefore, I have come to the opinion that the social cost involved in the disqualification of the evidence is greater than the possible benefit that will arise from it. This is important evidence for the prosecution, and given that the offenses attributed to the defendant are very serious, the disqualification of this evidence is likely to unduly harm the conflicting interests related to fighting crime, protecting public safety and the victims of the offense, doing justice and the public's trust in the courts.
I therefore concluded that the findings of the search in the warehouse should not be disqualified, due to the failures that occurred in the manner in which it was edited.
However, the Israel Police should pay attention to the defects enumerated, and clarify the procedures and guidelines for the relevant authorities regarding the manner in which searches are conducted and the manner in which they are documented, in accordance with the binding provisions of the law.
- The third search is The search of the apartment of the defendant and his family, apartment no. 4 on the second floor of the residential building. This search was carried out after searches of the defendant's body and the building's warehouse, each of which yielded evidentiary findings that significantly strengthened the suspicion that the defendant allegedly committed the attempted murder offense, as documented by the various security cameras. The search of the defendant's apartment was carried out by police officers Aharon Cohen, Emanuel Aviv and Yaniv Oshri, after the defendant was arrested, and his rights were read to him. In addition, the defendant was asked to bring two witnesses to the search, who were in fact his mother and sister who were in the apartment. During the search, the defendant led the police officers to his room, where the details of the clothing detailed above were found. There was no legal flaw in performing this search.
Matching Objects Seized in the Defendant's Possession with Objects Documented by Security Cameras
- As detailed, a search of the warehouse of the defendant's residential building seized an electric bicycle, a helmet and a thermal bag for carrying on a bicycle. Policeman Ziv In the report, Sardes described the seizures from the warehouse as follows: Bicycles black electrics, cast wheels and not rivets, a black chair located in metal dots, on the bicycle battery there are light stickers, on the body of the bicycle there are stickers with yellow inscriptions; Black helmet with a caption sticker "AGV" white in color in the front and in the back; A black thermal delivery bag with light reflective strips on its straps and next to them, its inner part is silver.