It was also decided in a majority opinion, as stated in the judgment of President E. Hayut, that the court's decision on a request for a search warrant in computer material has no right of objection to any of the parties. This is contrary to the dissenting opinion of Justice Y. Elron, according to which a decision on a request for a search warrant on a computer can be obtained in the framework of an appeal against the right, or by way of filing a request for reconsideration of the decision. Justice D. Barak-Erez was of the opinion, in a singular opinion, that it is important to leave an opening, in exceptional cases, to hear petitions that will be submitted to the High Court of Justice against decisions concerning computer search warrants.
- In another criminal hearing 1062/21, it was decided by a majority opinion, as stated in the judgment of President A. Hayut, that if it became clear to the court hearing the request for a search warrant on a computer that an illegal search was carried out on the same computer prior to which the search warrant was requested, the said defect will constitute a consideration in the framework of deciding the request for an order (paragraphs 114-118 of the President's opinion). It was further determined that in exceptional and rare cases, such a defect can constitute a decisive consideration for rejecting the request. It was also clarified that to the extent that at the end of the investigation it is decided to file an indictment, the evidentiary consequences of the illegal search will be examined in the main proceeding in accordance with the criteria set out in the Issacharov ruling.
Justice Y. Elron, in a single opinion, proposed a two-stage test regarding the effect of a previous illegal search of a computer on the decision to request a search of that computer at the interrogation stage; Deputy President N. Hendel, Justice G. Kara, and Justice Y. Amit added comments regarding the difficulty in taking into account the connection between a previous illegal search and a request for a search warrant on that computer; Justice D. Barak-Erez noted that the court hearing the application should be left with a certain scope of discretion when deciding the question of the extent to which the illegality, on its own, affects the application for a search warrant on the computer; Justice N. Sohlberg, in a single opinion, proposed an outline for examining the illegality in the main proceeding, when the factual situation regarding the illegality and its connection to the request for a search warrant is missing, and requires further demand and investigation.