Israel police may now search homes for weapons without warrant

Israel’s Knesset (Parliament) Tuesday approved new legislation which allows police to search private homes without a warrant if there is “reasonable suspicion” that the home contains illegal weapons or weapon parts.

The provisions of the law state police may search a home at will if a warrant cannot be obtained immediately and the search cannot be delayed, or if there is evidence such as security camera footage showing that a serious crime is being committed. 

The police who search the home must first receive authorization from a superintendent or officer of higher rank. If the police officers seize any object which was not covered by the authorization, the matter may be adjudicated by a court, according to Haaretz.

The law, which is valid for one year, was passed with bipartisan support and illustrates the expanding authority enjoyed by the country’s law enforcement. As Israel Police Commissioner Koby Shabtai said in 2021, “We are a democratic country, but there is a limit.” Shabtai made the remarks when he recommended that the government shut down social media to temper civil unrest.

Indeed, Frontline News reported in November that Israel police are refusing to disclose a secret artificial intelligence algorithm being used to profile and detain passengers at the airport who have no criminal history and provide no cause for suspicion. Israeli courts have expressed concern about the artificial intelligence program, which raises several legal issues. 

The program gathers private information about citizens from government ministries, including databases from the Ministry of Interior, Ministry of Welfare, the Tax Authority and others. The algorithm then compiles the data, which may include socioeconomic status, marital status, relatives, etc. and matches them against a pre-determined criminal profile. It is unclear what significance the algorithm assigns to certain data. 

If there is a match, even if there is no criminal history, the passenger is detained at the airport by police before passing through border control. The reason for the detention is known only to the police officers, who then conduct a search of the passenger’s luggage and may also conduct an invasive body search. 

The program's existence was revealed during a recent trial involving one such detainee, but the police refused to provide any details about the program to the court. 

"We received no clarification on how the system works and on what basis of information people are added to the list,” said Central District Court Judge Merav Greenberg. “There is no claim that the inclusion [of a suspect] is based on concrete information."  

Supreme Court Judge Anat Baron also weighed in on the secret program when the case was brought for appeal. 

"Indeed, the manner in which the petitioner was arrested at the airport when he was located by the 'generalization method' . . . a method whose nature, at least at this stage, cannot be verified - causes difficulty and the question arises whether the search was carried out illegally,” said Baron. 

Israel police have also been testing a sophisticated AI-powered system which will use sensors to capture traffic violators and issue automatic fines. The sensors, which will be placed along Israeli roads, will scan for drivers who use their phone while driving (even at a red light), fail to give the right of way at a crosswalk, crossing a white line, holding a drink while driving, or other violations. 

The program, which has been in the works for over two years, is set to launch this year.