Caselaw

Additional Criminal Hearing 1062/21 Jonathan Urich v. State of Israel - part 10

January 11, 2022
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-         the purposes of the search (i.e., the information that the investigators believe they will find on the device, and the reasons that underlie this reasoning);

-         the offenses under investigation;

-         details relating to the computer or smartphone in which the search is requested (the type of device and the use made of it; the manner in which it came into the hands of the police when the device was seized, etc.);

-         Details regarding the owner or holder of the computer and his status in relation to the investigation (whether it is a suspect, a witness, a complainant, etc.), and where relevant: stating the fact that the request deals with a search of parties who benefit from confidentiality, such as lawyers or psychologists (see section 3(e)(1) of the procedure for requesting a search);

-         details regarding previous search requests and the decisions made therein, and which have a substantive connection to the current application (compare: section 3(f) of the Communications Data Law);

-         A declaration as to whether the search request was preceded by an illegal search carried out on the same device in which the search is requested, or if there was some other significant flaw in the conduct of the investigating authority with regard to the requested search (see paragraph 121 for the completion of the State's argument in another hearing in Urich, where it was noted that to the extent that there were such flaws in the conduct of the investigating authority, "this fact must be presented to the court in its full transparency"; and see also paragraph 72 there);

-         The scope of the material that is requested to be searched, while limiting the search as much as possible (for example, by file types, date range, search words, and engagements with specific parties (section 4(a)(8) of the computer search procedure)), and an explanation of the choice to scope the requested search as such.  This is taking into account, inter alia, the identity of the computer owner, the complexity of the investigation, and the need not to infringe on a person's privacy beyond what is required.

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