Computer seizure by Garda

beata

Hi all,

I have a theoretical question for you. If Garda takes a computer from your home on a basis of a search warrant, is there a set period of time for them to check it and give back? Are they obliged in any way by law to give information on how long it will take to check the computer?

blubloblu

As long as the investigation takes, I suppose. If the matter gets brought to court, I'd imagine they'd have to return it to you after the trial is over.

beata

blubloblu wrote: »

As long as the investigation takes, I suppose. If the matter gets brought to court, I'd imagine they'd have to return it to you after the trial is over.

So the Computer Crime Unit (as far as I know they are the ones checking the computers for illegal contents) have no guidelines or laws describing the maximum time it can take them to check a computer?

Victor

You can ask a court for an order under the Police Property Act.

beata

Victor wrote: »

You can ask a court for an order under the Police Property Act.

I couldn't find this act in the Irish Statute Book. Is it a part of one of the Garda Siochana Acts?

Victor

No, its an old pre-Independence act.

sold

blubloblu wrote: »

As long as the investigation takes, I suppose. If the matter gets brought to court, I'd imagine they'd have to return it to you after the trial is over.

If you go to trial the computer is kept as part of evidence.

beata

Victor wrote: »

No, its an old pre-Independence act.

I assume that since you mention it, it is still in force? Are all Acts in force forever? They can only be amended, but not replaced?
I am not Irish so the law based on Acts is a bit of a mystery to me . It all seems totally vague.

Where can I find the act and can a person ask a court for an order themselves or will legal representation be needed to do this?

Victor

I imagine a practical route would be to ask the Garda for your property back. If that fails, I imagine getting a solicitor to make and application would be the best route.

dermot_sheehan

http://www.courts.ie/Courts.ie/library3.nsf/(WebFiles)/8AD034B3DF7B694580256DA9003180D4/$FILE/PoliceProp.doc


Acts of the Parliament of United Kingdom of Great Britain and Ireland which existed from 1801-1922 remain in force in the republic until they are replaced.

The Police property act was an act of the uk parliament when we were part of the uk and it is still in force.

eagle_&_bear

Gardai are under a positive duty to seek out, preserve and retain all evidence admissable in all activities which result in a warrant being issued.

So, there is no time line on the return on your material. If the matter if proceeding to trial (either district or circuit court) then it will be held as both sides (prosecution and defence) will want to examine it (if that is necessary) and this all depends on what someone may or may not be charged with etc.

If the material is deemed not relevant then it can be returned, or if it is not voluntarily returned, usually after a reasonable time, an application can be made to have the material recovered.

It very much depends on what material is needed and at what stage the garda invesitgation is at.

On the issue of Pre 1921 acts being in force. They remain validly in force until such time as they are repealed.

Victor

Because some drug dealers / criminals / terrorists will have relevant information on their computers?

Whitewater-AGS

[quote=[Deleted User];63936318]Yeah like accounts addresses and phone numbers etc. Sorry, didnt mean to sound as sarcastic as it came out but really where does it say a warrant for drugs etc permits the holding of PCs etc?[/quote]

A drugs warrant is not simply for searching a sizing drugs, anything can be seized if the Gardai feels it contains evidence or was used in the sale/suppy/importation or manufacture of controlled drugs.

eagle_&_bear

[quote=[Deleted User];63935367]Sorry to hijack this thread but say a warrant for drugs was issued for example, why are they allowed to take things like computers? This area is very vague, I have asked so many solicitors over the years about it and no one seems to be albe to answer cleary. I hear people talking about trials etc, but what if its a civil matter e.g. proceeds of crime act, you can't really be tried for anything there can you so why are they holding the computer etc?
And as for the suggestion ask the gardai for it back, ha, have you tried that? The minimum you would have to do it is a police propery application, dont know how much it is now, but I think it used to be £300.[/QUOTE]

hi there,
If the warrant is validly issued for a drugs search under the Criminal Justice Drugs Trafficking Act and/or the Misuse of Drugs Acts 1977 (as amended) then the warrant usually will be limited to drugs and other such instruments having a bearing on the main issue of the warrant. Usually, this means drugs paraphinalia.

Warrants by their nature are not totally limited in nature and scope. There is a myriad of caselaw which deal with incidental finds, and it is upto the prosecuting barrister (usually) to make the additional material evidenced, if it forms part of another crime.

Best example would be a search for drugs. Drugs found on the premises, the entire building/room is searched. Maybe the gardai come across stolen credit cards or cloned credit cards etc, they then look for a pc and a printer etc - that's how they'd become relevant as an incidental and seperate search.

If the pc was to be taken as part of the drugs search, then it must yield some probative evidence in relation to the drugs or it would have to be given back. But criminals usually keep records and some do so in passworded accounts etc on their pc so, if the prosecuting gardai believe it relevant, it can be taken and returned if not necessary. Ideally, and here's a clue for entrants to the Kings Inns next year, always look at the wording of the warrant and see what it covers and doesnt cover- sounds simple but alot of people dont read the warrant. warrants can be place specific, person specific or can be broad - all depends on the information given in '' an information" to the district court in order to obtain the warrant

hinault

4 year backlog at gardai computer forensic section.

http://www.irishexaminer.com/ireland/high-volume-of-child-porn-probes-causes-4-year-backlog-of-forensic-tests-255312.html

GerardKeating

hinault wrote: »

4 year backlog at gardai computer forensic section.

http://www.irishexaminer.com/ireland/high-volume-of-child-porn-probes-causes-4-year-backlog-of-forensic-tests-255312.html

Given the thread is four year old, the OP should be getting the theoretical computer back soon