High Court rejects warrantless searches of soldiers’ cellphones
The issue began after a soldier was convicted of drug use last year following evidence found on a search of his cellphone.
Female Israeli soldiers from the Haraam artillery battalion use their mobile phones as they stand in the women's living quarters at a military base in the Golan Heights March 1, 2017. (photo credit: REUTERS/NIR ELIAS)ByELIYAHU KAMISHERUpdated: The High Court of Justice rejected a military prosecution appeal on Monday that sought to overturn a previous court ruling barring warrantless searches of soldiers’ cellphones.The decision led by the court’s president Miriam Naor did not take a stance on the military prosecution’s argument – that only a soldier’s consent is needed to search his or her cellphone, not a warrant.However, Naor said that legislation should be considered, not an appeal in the courts, if warrantless searches are necessary.The High Court said that a previous ruling by a military court of appeals in November 2016 stands. The decision requires the military police to obtain a warrant to search soldiers phones, even if the soldier consents to the search.“The fundamental question before us is whether the consent of the suspect is adequate in order to authorize investigators to search a mobile phone – this question will remain theoretical and will not affect the outcome of the procedure,” the court’s decision said.The issue began after a soldier was convicted of drug use last year following evidence found on a search of his cellphone.The military defense attorney successfully overturned the conviction arguing that although the soldier gave consent to the search he was unaware of how thorough it would be and thus the evidence should be disqualified because it was obtained without a proper judicial order.At a hearing on Sunday, Naor said that searching a cellphone “is sometimes more than entering a house, it’s getting deep into the soul,” Ynet reported. Judges Uzi Vogelman and George Kara joined Naor on a three-judge panel to reject the appeal.The decision comes as Attorney-General Avichai Mandelblit issued a legal opinion on Sunday stating that warrantless searches are legal if the suspect gives consent. Mandelblit argued that once someone agrees to be searched they have waived their privacy rights.RECOMMENDED STORIESHow is Iran still launching missiles at Israel despite Israeli airstrikes?JUNE 16, 2025IDF pummels Tehran with heavy fire, 50 Israeli fighter jets take part in attacksJUNE 15, 2025A volcano ready to blow: Middle East erupts with Israeli strikes on IranJUNE 15, 2025Starlink operating in Iran, Elon Musk says, as Islamic regime shuts internet downJUNE 14, 2025Hot OpinionNow is the time for a unity government to provide clarity within the chaosByJPOST EDITORIALAs Iran vows our destruction, Israel unitesByYAIR LAPIDFive takeaways from the bomb shelter: Reflections on the Israel-Iran WarByDAVID BRINNIsrael strikes Iran: Strategic success or start of an uncertain future?BySUSAN HATTIS ROLEF