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Apr 7, 2014

Court throws out evidence obtained on Yom Kippur

Religion took part in an interesting way in a court case...

Bechadrei reports that the court in Jerusalem threw out evidence that was obtained during a police investigation that took place on Yom Kippur.

Two young men were detained for being in the area of Migron after they had been banned from that area.  When the judge, hearing the case about the details of their detainment, discovered that the police investigation had taken place on Yom Kippur, against the Jewish character of the State, he threw it out declaring the evidence to have been illegally obtained.

Interestingly as well, the defense put forth, via attorney Itamar Ben Gvir, that because of the young man's fast he was unfocused and was unable to remember the warning about staying away from that area. And the judge was accepting of that and said the chances of finding guilt of the minor in the case would be very low. Adding to that the fact that police conducted their investigation on Yom Kippur makes them unable to use the results of the investigation.

The judge cancelled the  the detainment.

Sad that the police worked on an investigation on Yom Kippur, but impressive that the court used that against them.

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1 comment:

  1. From the NY Statutes:
    § 13. Maliciously serving process on Saturday on person who keeps
    Saturday as holy time. Whoever maliciously procures any process in a
    civil action to be served on Saturday, upon any person who keeps
    Saturday as holy time, and does not labor on that day, or serves upon
    him any process returnable on that day, or maliciously procures any
    civil action to which such person is a party to be adjourned to that day
    for trial, is guilty of a misdemeanor.


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