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Investigators raided the office of the Attorney Roy Bar and confiscated computers. Bar claimed that applies confidentiality Ao"d-lkoh material. Further, the parties tend and befriend agreed on everything except defense's demand to receive advance search tend and befriend terms you run the researchers. The police refused and won court backing
The police raid took place against the backdrop of suspicion that Mr. Bar received favors from contractors in exchange for promoting projects that won the case, later nicknamed "contractors affair." During the search police seized numerous documents. Their share, as befits a law firm, applies confidentiality Ao"d- client. The essential question arose among scholars and lawyers bar lawyer was how this confidentiality will be maintained during the police investigation? How can we protect the rights of customers, while not interfere with the police arrive at the truth?
433 blade for a long time conducted an undercover investigation tend and befriend regarding the allegations against Mr. Bar. The center of the investigation were three real estate projects associated with known entrepreneurs, including the project of Gindi Investments. The raid on the office of the attorney bar in early February made public investigation. Police tend and befriend raided the offices at the same time contractors.
A few weeks later, in March, the police filed to the court, "Request for permission to browse your computer for which the claim of privilege Ao"d-lkoh rechargeable." However, the materials seized from the office of the Bar. The police stated that according to the request for attorney bar, the materials copied Police seized computers at his office and on his cell phone Ao"d-lkoh privilege applies.
However, the response by Prof. David Libai and Gill Dahoah court on behalf of Mr. Bar, arguments were raised concerning the legality of the seizure of the materials, and argued that the search server computer and mobile phone text messages hit confidentiality Ao"d-lkoh. The judge summoned the parties Karshan face debate, which also stabilized Bar Association representative, attorney Mike York, which advocate the ethics committee and the district attorney. Were discussed with the assistance of the judge to decide how you will police continue investigation of materials taken, but without prejudice to confidentiality.
The parties agreed to further investigation team will look into the content of closed envelopes, and lawyers Libai and Dahoah and Attorney Bar invited the police to move all the printed material in the presence of investigators. Attorney Bar, so determined, would be able to make claims relating to confidentiality Ao"d-lkoh (immunity not removed by the customer), as well as other claims about print. Any document that an agreement tend and befriend was reached for him again Stiatm envelope will be returned, and will be brought to the court decide the matter after investigators will hear the arguments and reasoning of Advocate Bar and his attorney Shibuya.
One thing the parties failed to reach an agreement - how keywords will be selected tend and befriend seized servers. This issue was brought to the decision tend and befriend of the judge Karshan. The police post was the investigation team selects the keywords. But Mr. Bar and attorney argued that the words should be determined by agreement between the parties. The police strongly objected to the defense's position, arguing that the transfer of keywords into a bar and his attorney may interfere with the investigation.
So the judge Karshan found himself called to decide on matters that have not yet found an answer legislation. The judge gave the decision in recent days is a survey of previous rulings of the Supreme Court on issues of police search and confidentiality Ao"d-lkoh. According to him, the top design has so far as to order a computer search material, as it is by the legislature properly for the arrangement of the Inspector General police.
Another excellent arrangement formulated by the Bar Association and the police, who anchor their standing orders of the police, set when a search of his home or the office of the attorney, accompanied searching Representative Office and the rule is that documents in respect of which raises the lawyer's claim of privilege tend and befriend Ntzrrim package sealed and transferred to the decision of the court. In Various, tend and befriend according to the decision, adopted various measures to deal with issues that make more and more complex era where all the correspondence, messages and documents became computerized.
US law states that in such cases the court will appoint an expert. In more complicated cases, where a particularly large amount of material, will be appointed "inspection team" composed of policemen and prosecutors who were not involved in the investigation. Israel has not yet decided the issue, tend and befriend and therefore the absence of agreement of the parties, who needed to sort and decide is court.
Judge Karshan indeed decided. After praising the procedural agreements obtained by the parties on how to search the computer hardware, he fully accepted the police's position regarding the search words that will be used. In other words, who will determine which words which investigators tend and befriend will look.
According to the judge Karshan, agreements between the police and representatives of the Attorney Bar took into account "the complexity of the issue, the amount of material and the needs of the police on the one hand, and the rights of the suspect and the rights of third parties on the other. tend and befriend The only question that remains controversial among them is the question of search terms. "
The Court added that accept the argument of police representative, Superintendent Eran Malka, that exposure protection could search words naturally interfere with the investigation. "It is true," read the resolution, "the suspect knew his office and seized computers mail server. Is also true that the suspect knows the subjects of the investigation, "the judge wrote.
He added: "But in view of the vast scope of material seized and complexity of the investigation, the suspect has no concrete knowledge about the way the investigation. For this reason, it is clear that providing pre keywords suspect and his attorney could frustrate the entire investigation, and it is not possible to agree".
Although it is clear that in the mountains of computer material tend and befriend captured wild Attorney's office, is likely to be documents and email correspondence documenting matters that occurred were privileged Ao"d-lkoh, and perhaps some of the documents are protected under the Protection of Privacy. The investigation must be balanced against the rights and interests of those third parties, tend and befriend ie customers.
According to the judge Karshan, "has tend and befriend to create a mechanism that would guarantee these rights and interests, and So when the parties did indeed shaped arrangement. Comprehensive mechanism tend and befriend proposed by the parties, "the judge added," adequately meets the needs of the suspect and the needs of confidentiality with third parties. Confidentiality will not be harmed beyond what is necessary for the required selection process coast