Scenario E: The court grants the request. Reuven's defense attorney, who learned of the existence of the request, files an appeal with the District Court and requests a stay of execution order in the meantime, since in his opinion there is no concern that the investigation proceedings will be disrupted and thwarted. The District Court rejects the request.
Scenario F: Following Scenario E, the District Court ex parte granted the request for a stay of execution. The next day, a hearing was held in the presence of the parties on the question of whether there was a concern that the investigation proceedings would be disrupted and thwarted. Reuven's defense attorney claims that he is groping in the dark and asks the District Court to review the request to penetrate the phone, in order to examine whether there is a connection to the illegal preliminary search. The District Court reviews the request and confirms that there is a connection, but despite this, and even though the policeman snatched the phone from Reuven, it approves the order. The investigation continues, and thus the police arrive at the weapons (sub-scenario: Shimon and I have already hidden the weapons).
Scenario 7: The District Court accepts the appeal and does not approve the order. An indictment is filed against Reuven for driving without insurance and without a license and for reckless driving. Against Shimon and the weapon - Yoke.
Scenario 8: Following Scenario F, Reuven's defense attorney files a request for leave to appeal to the Supreme Court. The request is denied.
Scenario 9: Further to Scenario 8, the Supreme Court holds a hearing in the presence of the parties in a single hearing and accepts the request. Against Shimon and the Weapons - Yoke.
Confused? All of the above scenarios are a small taste that can demonstrate the extent to which the crushing of the basic concepts of criminal proceedings is liable to lead us to terra incognita, to an uncultivated and unknown country, to litigation during an investigation and the end of investigations and prosecution. And we have no longer talked about the additional burden on the court and the prosecuting and investigation authorities, and we have not talked about the complication of the criminal proceeding already at the investigation stage - go out and learn that while there is no appeal of interim decisions during a criminal trial, there will be the right to appeal decisions at the investigation stage. We have not even discussed a scenario in which the search warrant on Reuven's phone revealed that he had murdered his girlfriend and dismembered her body, since according to one of the above scenarios, we will never know, since the court stopped the further search due to the illegality of the preliminary search, when the whole picture was not revealed to us, and in any case it was not possible to bring the severity of the offense into the equation.