In addition, the severity of the defect, and its implications for the requested order, may be affected by the question of whether the illegality is the product of a policy or an error; that is, whether the illegality reflects a clear and improper policy of the investigating authorities, or whether it is a mistake in the discretion of an investigator in a specific case (see also paragraph 116 of the President's opinion). In my view, in cases where we are dealing with an improper policy of the investigative authorities, which seek to adopt a kind of "successful method" and to act systematically in violation of the law, in an attempt to examine whether they will find a clue to the investigation, the public interest prevails to cut off this policy - and to refrain from stamping out its results by issuing a search warrant. On the other hand, when it comes to a specific mistake, it is doubtful whether a refusal to grant a search warrant will prevent its recurrence, while the public interest in investigating the truth may justify the use of the products of the illegal action.
At the same time, the severity of the suspicions may also affect the question of whether it is appropriate to grant a request for a search warrant, despite the illegal search that preceded it, in the sense that the more serious the suspicions, the greater the public interest in exhausting the investigation. It is clear that the social cost associated with the interruption of a criminal investigation of serious crime cases, such as murder, following an illegal search of a computer or a smartphone, is tens of times greater than the social cost of harming the investigation on suspicion of committing lesser offenses.
It should be clarified that this does not mean that in the framework of the investigation of a serious crime case, the goal justifies the means - even in these cases, a severe and severe violation of the rights of an interrogee may affect the courts' decisions in his case in the framework of the criminal proceeding, and in particular the decision whether to issue a search warrant on a computer or mobile phone. However, the less the violation of a person's privacy as a result of the issuance of the requested search warrant - and the more serious the offenses at the center of the investigation are, the court should be inclined to grant the request for a search warrant.