Gardai confiscation rights?

Overheal

What objects are a member of The Gardai allowed to confiscate from somebody? Last thursday someone in our building had their electronic key into the building confiscated because they incidently allowed a drunk to get into the building and disturb the peace with a fire extinguisher. Rumour has it this happened in the twilight hours and took *a lot* of Gardai to come down and handle (supposedly 15...pfft..probably 5 tops) but even if they were to get annoyed I doubt they cant confiscate somebody's keys, can they?

any references or comments are welcome, and no comments will be considered legal counsel

seamus

As usual, complete guess here, but I suspect that Gardai may confiscate any items without warrant

a. Which they suspect have been stolen
b. Which they suspect may have been used in committing a crime (i.e. evidence)
c. if the existence of said item is contrary to the maintenance of public order (offensive signage, etc)

grumpytrousers

Dunno seamus; think you need to be arrested for an offence before stuff can be seized...

(usual i am not a lawyer guff applies here, your results may vary etc...)

Time Magazine

Not a legal man, but:

Fairly certain anyone can confiscate something off you if there's reasonable merit in believing it has been stolen.

Gardaí are allowed to search you if they have reasonable suspicion that you're in possession of drugs. I presume that same Gardaí may seize drugs etc. off you without a warrant/arrest - at least that seems to be the case with the gougers drinking cans on the Boardwalk. (Fair play to that female garda, walking up and down the road dumping cans all day.)

I presume this logic is also extended to offensive weapons, or anything which could lead to a breach of the peace - including keys?

grumpytrousers

aye, but the link - on the face of the facts we haev - seems to be a bit tenuous. I mean, a guard wouldn't seize one of those fog horns you'd have at a football match as you were EN ROUTE to a match on the grounds that it could be used to cause a breach of the peace in 12 hours time, if you know what i mean.

likewise, a key, if used to let somebody into a building, could lead to a breach of the peace. If the person being let in was jack the ripper, it could lead to a lot more. In other words, the key isn't really the 'thing that caused the trouble' is it...

methinks the full facts would be needed, but then board policy would prevent us from discussing the actual facts anyroad!!!

Time Magazine

Could we discuss a very, very similar hypothetical situation?

Dave!

Anyone here an actual "legal person", who can shine some light on this?

Overheal

Fraid not..the mods frown on any "official legal advice and all that" but if someone who has a background in law wants to come in and give us some pointers under the influence of alchohol (and so not responsible), then by all means

I dont know the full details of the story myself, but I thought I run some research into the matter as a favor to the person involved. I know about as much as Ive stated; that camera evidence shows her use of the key allowed the guilty party into the building. I'm not sure how much was involved in that: It could have been accidental, it may have been anything. I just didnt help when it was twilight hours, and the cops AND the landlady had to be called in to deal with it.

one interesting thing though is I worry if she will have to get the security-key replaced? Hopefully the Gardai would be benevolent enough to have given it back but if not those 'fobs' (as they have been referred to) cost 35 Euros to replace... ultimately, not a bad price to pay for disturbing the peace, but you would still have to prove intent, wouldnt you?

Overheal

Ibid wrote:

Could we discuss a very, very similar hypothetical situation?

Sure, I thought you knew I ALWAYS write in the hypothetical.... silly me and my literacy

ANyway, I meant to tell you this whole thing is hypothetical....besides, is this gonna be a course of action that they would be able to exercise regularly? What if the building so happens to be in a heavy trafficked area (and so fairly littered with stumbling peoples), and the main security opens and shuts automatically, for about 30 seconds? I would think that would be too much time to leave it open anyway, but in this particular hypothetical, thats the way Im gonna state it