Supreme Court modifies police search procedure
New verdict requires policemen to notify suspects of their option to refuse search on their perosn, belongings
Supreme Court President (Ret.) Justice Dorit Beinisch along with the Honorable Edna Arbel and Yoram Danziger, issued a verdict which will change current police search procedures in Israel.
Tuesday's verdict states than officers wishing to search a suspect's person or belongings would first have to obtain their permission.
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Furthermore, police officers will be required to clarify that a suspect's refusal will not violate their citizen's rights in the future.
The verdict came in wake of three separate appeals made by the Public Defender's Office questioning the admissibility of evidence found in a police search that was said to have been held illegally.
The court questioned police's jurisdiction under circumstances when the suspicion is not considered to be reasonable. They examined the police's legal authority when holding a consensual search on a person's body, his belongings and his property.
Beinish noted that a search executed by police without the suspect's full knowledge of his ability to refuse the search goes against the constitutional right to privacy which is protected in Israel's Basic Law of Human Dignity and Liberty.
The former Supreme Court president further called on the police to institutionalize a formal protocol for policemen to follow when holding a consensual search.
In response to the verdict, Chief Public Defender Dr. Yoav Sapir said: "This verdict signifies a very important decision made by the Supreme Court. It marks another step towards strengthening civil rights in Israel."
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