High Court rules police can't conduct warrantless searches of cellphones - even with consent

A three-judge panel of the High Court of Justice rules unanimously that police may not search the cellphones or computers of those under investigation — even if they agree to it — without first obtaining a warrant.

Judges Noam Sohlberg, Isaac Amit and David Mintz rule that police “lack the authority” to conduct such a search without a judicial order. Writing the ruling, Sohlberg suggests that the new policy go into effect following a “transitional period” of 18 months during which new legislation should be passed.

The ruling was issued in response to a petition filed by the Public Defender’s Office — a body within the Justice Ministry — against the attorney general, the Israel Police and the State Prosecutor’s Office over the current policy.