Criminal Defence & White-Collar Crime · Legal briefing
Police Phone Searches & Admissibility
By Adv. Yechiel Rachamim Menahemov & Adv. Assaf ShpigelPublished:
The practical dilemma
Police ask you to unlock your phone, suggesting that someone with nothing to hide should simply agree.
The legal position
Section 23A of the Criminal Procedure (Arrest and Search) Ordinance generally requires an express judicial warrant for computer-material searches, with defined purposes and conditions, subject to applicable exceptions. Ordinary consent-search rules should not automatically be transferred to phones. Ben Haim addresses informed consent in its context. Issacharov and Evidence Ordinance section 56A provide discretionary exclusion, rather than automatic invalidity; Shemesh also distinguishes investigation-stage relief from trial admissibility. Official source 1 Official source 2
Your next step
Ask to inspect the warrant and record what is seized or searched without obstructing lawful action. Preserve details of consent, scope and consultation. Discuss investigation remedies and later admissibility with counsel; an irregularity does not necessarily result in acquittal.