Garda powers to enter private property.

Armin_Tamzarian

Could someone please clarify this for me please?

I understand that the Gardaí need a search warrant to enter private
property to search for drugs, people, etc.
However, what is the legal position for Gardaí who wish to enter private property to pursue a suspect they have been chasing?

I would have though that if you were being chased by the Gardaí and you ran into your house that they could come after you.

However, recently a barrister claimed that if, for example, you were being chased for speeding and you pulled into your driveway that if the Gardaí arrested you in your driveway that the arrest would be illegal and the case would be thrown out in court.

Is this true?

Also, what would be the situation if a Garda heard a cry for help from your privately owned house and broke the door down to find that you had kidnapped someone?
Would the arrest be illegal if they didn't have a warrant?

happyhappy

I understand that the Gardaí need a search warrant to enter private
property to search for drugs, people, etc.

private property - yes. people, cars, boats, etc - no

However, what is the legal position for Gardaí who wish to enter private property to pursue a suspect they have been chasing?

garda can enter property chasing suspects. it depends on the offence but 99/100 it would apply


However, recently a barrister claimed that if, for example, you were being chased for speeding and you pulled into your driveway that if the Gardaí arrested you in your driveway that the arrest would be illegal and the case would be thrown out in court.

you can't be arrested for speeding anyway so the barrister was thinking way too hard!! you can be arrested for a road traffic offence commited in a 'public place', you ca nalos be arrested for drink driving and other serious offence in your drive way of they were commited in a public place.

Also, what would be the situation if a Garda heard a cry for help from your privately owned house and broke the door down to find that you had kidnapped someone?
Would the arrest be illegal if they didn't have a warrant?

arrest would not be illegal (in my opinion) - entered the property for preservation of life as someone was screaming for help. serious offence being committed within so powers of entry also apply as they can enter to arrest person as soon as they discover someone has been kidnapped. (can't really see the situation you pose ever happening though)

pirelli

Armin_Tamzarian wrote: »

Could someone please clarify this for me please?

I understand that the Gardaí need a search warrant to enter private
property to search for drugs, people, etc.
However, what is the legal position for Gardaí who wish to enter private property to pursue a suspect they have been chasing?

I would have though that if you were being chased by the Gardaí and you ran into your house that they could come after you.

However, recently a barrister claimed that if, for example, you were being chased for speeding and you pulled into your driveway that if the Gardaí arrested you in your driveway that the arrest would be illegal and the case would be thrown out in court.

Is this true?

Also, what would be the situation if a Garda heard a cry for help from your privately owned house and broke the door down to find that you had kidnapped someone?
Would the arrest be illegal if they didn't have a warrant?

I started thread here already.

http://www.boards.ie/vbulletin/showthread.php?t=2055465155

What is the level of cheek you can give the Gardai while on your private property versus their power of discretion to get revenge if they have say a 2 witnesses who say you have thrown them off your property with a golf club which the gardai want to know if you have in your house.

Can you just slam the door in their face and tell them to get lost i would imagine they would get revenge by getting a search warrant.

Armin_Tamzarian

happyhappy wrote: »

you can't be arrested for speeding anyway so the barrister was thinking way too hard!! you can be arrested for a road traffic offence commited in a 'public place', you ca nalos be arrested for drink driving and other serious offence in your drive way of they were commited in a public place.

I've known people to be arrested after being clocked at speeds in excess of 100MPH but perhaps the charge was dangerous driving as opposed to speeding.

The kidnap scenario is quite unlikely but it's just a hypothetical.
A better example would probably be a domestic dispute.
It's feasible that a Garda could over hear screams from a woman
being struck by her partner inside his house and decide to enter
the premises without a warrant.

I thought the barrister's claim sounded slightly odd but he inisisted
that if you were pursued by the Gardaí onto your own private property that the arrest would be illegal without a warrant.

The barrister in question lectures law so I thought there would be something to what he said.

Thanks for your response.

Victor

Armin_Tamzarian wrote: »

I thought the barrister's claim sounded slightly odd but he inisisted that if you were pursued by the Gardaí onto your own private property that the arrest would be illegal without a warrant.

That was the case, however the law was changed in the last few years for driving offences, such that only the dwelling is protected and not the curtilage.

TheNog

Armin_Tamzarian wrote: »

Could someone please clarify this for me please?

I understand that the Gardaí need a search warrant to enter private
property to search for drugs, people, etc.
However, what is the legal position for Gardaí who wish to enter private property to pursue a suspect they have been chasing?

I would have though that if you were being chased by the Gardaí and you ran into your house that they could come after you.

Gardai could only kicked down your door if you have been involved in a it and Run and only then if the injured party has suffered serious injury. Also they would have to see go into the house.

Armin_Tamzarian wrote: »

However, recently a barrister claimed that if, for example, you were being chased for speeding and you pulled into your driveway that if the Gardaí arrested you in your driveway that the arrest would be illegal and the case would be thrown out in court.

Is this true?

Again only for dangerous driving which also includes speed.

Armin_Tamzarian wrote: »

Also, what would be the situation if a Garda heard a cry for help from your privately owned house and broke the door down to find that you had kidnapped someone?
Would the arrest be illegal if they didn't have a warrant?

If it was a female voice and a Garda knocked on the door and a male answered it but refused to allow Gardai to talk to the woman or even see her, Gardai can then force their way into house. Actually dont know what power allows that but I do know its there somewhere