reports that Attorney General Avichai Mendelblit (a former Military Advocate General), has issued an opinion supporting the prosecution's appeal of a Military Court of Appeal decision requiring a warrant to search soldiers' cellphones even if the owner consents to the search. Excerpt:
Mendelblit write the opinion regarding an appeal filed by military prosecutors to the Supreme Court on conducting searches of soldiers' phones without a warrant.
Military prosecutors want the court to overrule the military court of appeals, which ruled in November 2016 that extracting information from a soldier’s phone using laboratory techniques, based only on the soldier’s consent, was illegal.
Mendelblit wrote that the military court of appeals made a significant mistake since the suspect’s permission to carry out the cellphone search provides the authority to do so, even without a judicial search warrant.
Once someone under investigation agrees to such a search, they waive their right to privacy, said Mendelblit. If the suspect gives informed consent (with or without limitations), a search warrant becomes unnecessary. The use of a search warrant is not the only way to conduct a legal search of a cellphone, added the attorney general.The Supreme Court is due to hear the government's appeal tomorrow.