Issacharov v. Chief Military Prosecutor

CrimA 5121/98 61(1) PD 461 (2006)

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Issacharov v. Chief Military Prosecutor

Israel Supreme Court
CrimA 5121/98 61(1) PD 461 (2006)

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Facts

Rafael Issacharov (defendant) appealed from a criminal case prosecuted by the chief military prosecutor (plaintiff). Issacharov was a soldier in the Israel Defense Forces and was arrested for being absent without leave. Upon Issacharov’s arrest, officers found marijuana hidden in his clothes. Upon interrogation, Issacharov admitted to possessing and using marijuana and provided a urine sample, which tested positive for prior drug use. Only after the interrogation and admission was Issacharov told that he had the right to an attorney. Issacharov challenged the admission of evidence regarding his confession because it was obtained before he was informed of his right to an attorney before interrogation.

Rule of Law

Issue

Holding and Reasoning (Beinisch, J.)

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