Unfortunately, the proceedings before us illustrated how police investigators may sometimes be exposed with a wave of the hand to the personal correspondence of an interrogee, without an appropriate judicial order and without the search warrant being issued and planned in advance in order to violate a person's privacy to the extent necessary for the purpose of the investigation only.
Thus, in the proceeding that revolved around another criminal hearing in Urich, it was discovered that at least some of the interrogators had not received any instruction or instruction regarding the interrogee's right to refuse a search without a warrant (see page 49 of the transcript of the hearing at the Tel Aviv-Jaffa Magistrate's Court in search warrant / entry order 51787-10-19, [published in Nevo] dated January 8,2020). The search warrants requested in the proceeding that revolved around another criminal hearing Shimon well reflected how search warrants issued ex parte sometimes do not include conditions as to the manner in which the search was carried out - but rather permit an extensive search of the interrogee's smartphone without witnesses, without giving any reason for doing so.
- On the other hand, the unusual sequence of events in the cases that we are dealing with in this discussion also illustrated how effective judicial review of the requested order may lead to its limitation and delimitation, while limiting the violation of the privacy of the interrogee.
Allowing the right of appeal and appeal of a person harmed by the search warrant is a first and necessary step for this purpose. This is both due to the possibility of raising arguments before the trial court that would not have been raised if the hearing had been held ex parte only; and because of the very existence of additional necessary judicial review of the decision to issue the search warrant, in the framework of the appeal.
Admittedly, the mere holding of the hearing in the presence of the parties and the exercise of the right of appeal granted to them in the matter does not lead to the acceptance of all of their arguments. However, the granting of these basic rights ensures, at a minimum, that these arguments will be heard and properly weighed - even if they are rejected at the end of the day.