A three-judge panel of the Israeli Supreme Court, sitting as High Court of Justice, unanimously held that the Israeli police may not search digital devices (particularly mobile phones) of suspects without a judicial warrant, based solely on the suspect's consent. Under the Criminal Procedure Ordinance, police searches of computer materials may only be conducted "pursuant to a judge's order." However, the Israeli police had developed protocols allowing consensual searches without warrants, arguing that consent could substitute for judicial authorization.

The court emphasized the principle of administrative legality: Government authorities may only act within explicit legal authorization. No clear statutory basis exists for consensual digital searches. The court agreed with the petitioners' arguments that the law's clear language requires judicial warrants for all digital searches, and that consensual searches violate privacy rights and lack proper legal authority. 
The court also distinguished this case from previous rulings allowing consensual physical searches, noting that digital searches involve different legal frameworks and privacy concerns than frisk searches of a person. Given the decision's impact on pre-existing police procedures, the court provided an 18-month transition period for legislative reform before the decision takes full effect.

Click here to read the Israeli Supreme Court's decision in Public Defense Office v. the Attorney-General (in Hebrew).