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Can Someone Clear this up for me

  • 17-04-2009 5:38pm
    #1
    jamsie85
    Closed Accounts Posts: 6 ✭


    Hi, A mate was recently stopped in his car and brought to the garda station for a drug search, during the search they asked him to pull his Boxers down so they could look for drugs, Is This Allowed? Ive done a bit of research and found this

    "" (3) Subsection (1) (b) does not empower a member of the Garda Síochána to require a person to remove his underclothing, except where such member, with reasonable cause, suspects that he has concealed on his person a controlled drug (within the meaning of section 2 of the Misuse of Drugs Act, 1977 ) or an explosive substance and a member of the Garda Síochána not below the rank of superintendent so authorises. ""


    Can Someone Clear this up for me, The last line reads

    "and a member of the Garda Síochána not below the rank of superintendent so authorises". Does this mean that the super has to authorise the search down his boxers?


Comments

  • #2
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    section 23 of misuse of drugs act doesnt have any restriction on the power of search, the power to search youre quoting is i think from the criminal justice act 1984 dealing with searches of detained prisoners. In this case i assume the person was detained for a drugs search and wasn't in custody, just detained for the purpose of the search.


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