Under what circumstances can your mail be opened by the Gardaí

SugarHigh

What suspicions would they need to have for them to be allowed to open up a personal letter?

MagicSean

Depends on were the letter is. Unless it is from a solicitor I think the power would be whatever power they have for the search.

Shield

Moved from ES to LD with redirect.

Reloc8

No its different from the sort of 'reasonable suspicion' stuff, if we're talking about intercepts.

From memory check S. 2 of the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993.

Basically an authorisation can be given in respect of postal communications (or telecommunications) for a limited time (3 months ?) subject to renewal.

The conditions required for an authorisation are set out in Section 4 and Section 5 of the same Act.

Now, say if there were letters in a premises which was being searched pursuant to warrant under the Misuse of Drugs Acts, I believe such letters are liable to search pursuant to Section 26 of the Misuse of Drugs Act 1977.

Similar other warrants to search premises will generally carry sufficient powers to search letters found on the premises.

In case of a search of a person carried out pursuant to Section 23 of that Act a garda can detain and search a person and can seize and detain anything found in the course of the search which appears appears to him to be required as evidence in proceedings.

Offences Against the State legislation also provide for a stop and search of the person, and this incorporates seizure of evidence too.

In case of any of the search powers (on warrant or otherwise) malicious seizure/reading of e.g. private letters would be actionable, at least theoretically.

Locust

+1 Yeah there are a few instances where your mail could be opened by the Gardai. The first one that springs to mind is if they had a drugs warrant for example, there's a section on the warrant that says they can inspect any book record or document in the place along with other similar type warrants to search. Also if it was for the immediate protection of life or property. Or if they believed the mail was in connection with an arrestable/serious offence I'm pretty sure they could open it.

Finnbar01

Is it also true that they can seize your mobile phone if they search you and find drugs on your person?

Bosco boy

A section 10 warrant under the Misc provisions act 1997 could be used in some cases, obviously a criminal offence (arrestable) that carries a penalty of over 5 years would be the basis for getting the warrant in the first place, its likely that it would be used for example in recent cases in dealing with the likes of organised gangs, any post would be treated as evidence and examined and maybe seized. In relation to a previous posters comments on a letter from a solicitor, its likely that a similar warrant would be got for the solicitors office it it was suspected they were complicit in the crime.

dermot_sheehan

Bosco boy wrote: »

A section 10 warrant under the Misc provisions act 1997 could be used in some cases, obviously a criminal offence (arrestable) that carries a penalty of over 5 years would be the basis for getting the warrant in the first place, its likely that it would be used for example in recent cases in dealing with the likes of organised gangs, any post would be treated as evidence and examined and maybe seized. In relation to a previous posters comments on a letter from a solicitor, its likely that a similar warrant would be got for the solicitors office it it was suspected they were complicit in the crime.

I'm not sure a s. 10 warrant would suffice as intercepting a mail packet in transmission violates s. 66 of the 1983 post and telecoms act.

I'm not sure if there has been any challenge to the gardai using a s. 10 warrant as opposed to a ministerial authorisation under s. 2 http://www.irishstatutebook.ie/1993/en/act/pub/0010/sec0002.html#sec2

MagicSean

Finnbar01 wrote: »

Is it also true that they can seize your mobile phone if they search you and find drugs on your person?

Yes. And view whats on it. But I don't think they cant intercept new messages or calls. Certain search warrants give them the power to demand passwords and Pin numbers too.

Bosco boy

gabhain7 wrote: »

I'm not sure a s. 10 warrant would suffice as intercepting a mail packet in transmission violates s. 66 of the 1983 post and telecoms act.

I'm not sure if there has been any challenge to the gardai using a s. 10 warrant as opposed to a ministerial authorisation under s. 2 http://www.irishstatutebook.ie/1993/en/act/pub/0010/sec0002.html#sec2

I agree with you, intercepting the post would probally not be covered, however I'd let it be delivered and then enter with your warrant, obviously you probally have a fair idea what's in it in that case and It will be just one part of your evidence, if it's drugs a section 26 warrant.

sdanseo

Customs search mail fairly regularly too, as per the show that was on RTÉ a while back. There was a piece showing them with sniffers at Portlaoise sorting depot.