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gardai powers to search

  • 20-01-2011 5:10pm
    #1
    yeman
    Closed Accounts Posts: 13 ✭yeman


    hay there im new to this but lookin for help for my brother,
    right so other night gardai stopped my brother searched his car and found prescription pills he was arrested and the car was brought to the station by another garda, now the thing is:

    the car was parked in on a driveway on private property(not in a public place) the pills were in the car.

    he was also in the curtilage of the property when searched and stopped
    the gardai had no warrant....

    the gardai drove the car out of the property and to the station

    is this going to hold up in court? i thought the law on searching cars without a warrant was for public places only and also searching him on private property?
    if anyone has information on this could please get references to acts and sections/quotes please.
    its quite difficult to get definitive information from what iv been lookin at


Comments

  • #2
    seamus
    Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    yeman wrote: »
    hay there im new to this but lookin for help for my brother,
    right so other night gardai stopped my brother searched his car and found prescription pills he was arrested and the car was brought to the station by another garda, now the thing is:

    the car was parked in on a driveway on private property(not in a public place) the pills were in the car.

    he was also in the curtilage of the property when searched and stopped
    the gardai had no warrant....

    the gardai drove the car out of the property and to the station

    is this going to hold up in court? i thought the law on searching cars without a warrant was for public places only and also searching him on private property?
    if anyone has information on this could please get references to acts and sections/quotes please.
    its quite difficult to get definitive information from what iv been lookin at

    Tell him to get a solicitor, you can't get legal advice here.

    Afaik, the Gardai are only restricted from entering a private home, not from entering onto private property and searching an individual or vehicle under the relevant acts.

    If they found controlled substances on him, then it sounds like their search was justified.

    Talk to a solicitor.


  • #3
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    If you want to have a look at the Act it's the Misuse of Drugs act 1977

    http://www.irishstatutebook.ie/1977/en/act/pub/0012/sec0023.html#sec23

    It doesn't mention a public place. There are a number of factors that would have to be looked at, first and foremost would be who actually owned the property, where did the gardaí try and stop him first etc..

    For prescription drugs I don't think there is a charge for simple posession so a solicitor is a must here.


  • #4
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    Makayla Tight Yearbook wrote: »
    Did he have a prescription?

    If you have above a certain quantity it doesn't matter. You can't horde prescription tablets.


  • #5
    yeman
    Closed Accounts Posts: 13 ✭yeman


    he didnt hav a prescription n had more that he should of


  • #6
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    Definitely needs a solicitor so.


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