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Whats a dwelling?

  • 02-11-2009 5:48pm
    #1
    time lord
    Registered Users, Registered Users 2 Posts: 606 ✭✭✭


    In your opinion would a "dwelling" include front and back garden or only the bricks and mortar. Just curious as to peoples opinion.

    Many times certain acts eg. Waste Management or Control of Dogs act use the term but give no definition for it.

    Personally I think it includes all the property but many work colleagues disagree with me and say the dwelling is the house. Opinions only please no advice asked for. Thanks..


Comments

  • #2
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    It will depend on context. The gardens, outhouses etc, are part of the curtilege of the dwelling.

    In say the Road Traffic Acts, a garda can follow a suspected drunk driver into the curtilege, but not into the dwelling. For the dwelling, they need a warrant.

    Depending on the particular act or bye-laws, the definition may be interpreted differently.


  • #3
    Trojan911
    Closed Accounts Posts: 2,194 ✭✭✭Trojan911


    Victor wrote: »
    In say the Road Traffic Acts, a garda can follow a suspected drunk driver into the curtilege, but not into the dwelling. For the dwelling, they need a warrant.

    Over here, can AGS enter a premises in immediate pursuit of a supect involved in a PI RTC without a warrant?


  • #4
    Our man in Havana
    Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    Victor wrote: »
    It will depend on context. The gardens, outhouses etc, are part of the curtilege of the dwelling.

    In say the Road Traffic Acts, a garda can follow a suspected drunk driver into the curtilege, but not into the dwelling. For the dwelling, they need a warrant.

    Depending on the particular act or bye-laws, the definition may be interpreted differently.
    Did the 1994 act not give Gardaí the right to follow a drink driver into a house and use force if nessasary to enter to arrest him/her?


  • #5
    Hooch
    Registered Users, Registered Users 2 Posts: 4,957 ✭✭✭Hooch


    Trojan911 wrote: »
    Over here, can AGS enter a premises in immediate pursuit of a supect involved in a PI RTC without a warrant?

    Gardaí can enter, by force, any place without a warrant if the suspect a person that committed an arrestable offence to be there. Or they suspect an arrestable offence could be committed inside.
    Bond-007 wrote: »
    Did the 1994 act not give Gardaí the right to follow a drink driver into a house and use force if nessasary to enter to arrest him/her?

    No it gave power to enter the curtailage of a building, but not the building under Section 39 of the Road Traffic Act 1994/06. Only where opinion has been formed in a public place.


  • #6
    Our man in Havana
    Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    So if he can escape into a building there is nothing AGS can do?


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  • #7
    Hooch
    Registered Users, Registered Users 2 Posts: 4,957 ✭✭✭Hooch


    Bond-007 wrote: »
    So if he can escape into a building there is nothing AGS can do?

    Yep.....stand at the window and wave at us:)


  • #8
    Trojan911
    Closed Accounts Posts: 2,194 ✭✭✭Trojan911


    nice guy always wrote: »
    Gardaí can enter, by force, any place without a warrant if the suspect a person that committed an arrestable offence to be there. Or they suspect an arrestable offence could be committed inside.

    So, would fleeing the scene of a PI RTC be an arrestable offence?


  • #9
    Our man in Havana
    Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    nice guy always wrote: »
    Yep.....stand at the window and wave at us:)
    Whilst downing a bottle of brandy no doubt.


  • #10
    Hooch
    Registered Users, Registered Users 2 Posts: 4,957 ✭✭✭Hooch


    Trojan911 wrote: »
    So, would fleeing the scene of a PI RTC be an arrestable offence?

    If it was serious injury. Section 53 (2)(a) covers fatal RTCs or one where severe bodily harm occurs and that has a 5 year sentence. (and im not a doctor so whos to say whiplash isnt severe bodily harm......)
    Bond-007 wrote: »
    Whilst downing a bottle of brandy no doubt.

    Would you believe it has been done. Crack open a can of guiness.......


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