Supreme Court in Israel: Police Cannot Search Phones Without a Warrant – Even With Consent

In a landmark ruling, Israel’s Supreme Court determined that police cannot search a suspect’s mobile phone or computer without a judicial warrant, even if the person being investigated agrees to the search.

The ruling came after a petition by the Public Defender’s Office challenging long-standing police procedures that allowed such searches based on “informed consent.” The Court found that these internal guidelines — which were in effect between 2016 and 2021 — were illegal and inconsistent with the Criminal Procedure Law.

The justices clarified that a person’s “consent” during an investigation cannot be treated as truly free or voluntary, given the pressure of the situation. Therefore, a court-issued warrant is always required for accessing digital data.

Justice Noam Sohlberg, joined by President Isaac Amit and Justice David Mintz, emphasized that laws related to technology must be interpreted flexibly to keep up with modern developments — but only when the law’s language allows for it.

This decision reinforces the protection of privacy and digital rights in Israel, setting an important precedent for how law enforcement handles personal data.