Advice on Search warrant

Carra23

Just wondering if the Gardai come to your house with a search warrant for cannabis and they don't find any , have they any right to confiscate stuff from your house like mobile phone and some high powered lighting equipment ?

MagicSean

Carra23 wrote: »

Just wondering if the Gardai come to your house with a search warrant for cannabis and they don't find any , have they any right to confiscate stuff from your house like mobile phone and some high powered lighting equipment ?

Yes if they believe them to be related to the commission of a crime.

Relevant legislation is

http://www.irishstatutebook.ie/1977/en/act/pub/0012/sec0026.html#zza12y1977s26

http://www.irishstatutebook.ie/1984/en/act/pub/0018/sec0013.html#zza18y1984s13

Carra23

k_mac wrote: »

Yes if they believe them to be related to the commission of a crime.

Relevant legislation is

http://www.irishstatutebook.ie/1977/en/act/pub/0012/sec0026.html#zza12y1977s26

http://www.irishstatutebook.ie/1984/en/act/pub/0018/sec0013.html#zza18y1984s13

OK thanks Kmac.

Our man in Havana

If you are not subsequently charged you can get your stuff back by making a police property application to the district court.

Carra23

Haddockman wrote: »

If you are not subsequently charged you can get your stuff back by making a police property application to the district court.

Is it possible to be charged for cannabis cultivation if the Gardai dont find any cannabis an the only evidence they have is the lighting equipment that some people may use for such illegal activities. My understanding would be that no laws are broken by having possession of some high powered lighting equipment ?

Zambia

I think your safe this time, but you are on the radar. Simply due to the fact there would be reasonable doubt from what you have said. But thats just ofthinking

Carra23

Zambia232 wrote: »

I think your safe this time, but you are on the radar. Simply due to the fact there would be reasonable doubt from what you have said. But thats just ofthinking

OK thanks for your advice but I think I will speak to a solicitor for clarification. Thanks again

Zambia

Thats not advice just my laymans opinion.

plasteritup

dont grow it in your own gaff,and if youve been raided,dont ever bring drugs into your house again,if you want to deal drugs,dont handle them.do you think the ownner of marks and spencer drops all the christmas puddings to his shops himself in a van,no,he gets someone to do it for him.
ps,was involved in this game for a long time,it does not work.misery awaits you and your loved ones.

devo11

listen been honest the gardai must of havn a reason to raid ur gaff so its ur own fault mate your to blame if they take anything and also if you didnt do any of the **** which we all know what the lights were for we wouldnt be having this discussion neither would the gardai be at ur door

Zambia

devo11 wrote: »

listen been honest the gardai must of havn a reason to raid ur gaff so its ur own fault mate your to blame if they take anything and also if you didnt do any of the **** which we all know what the lights were for we wouldnt be having this discussion neither would the gardai be at ur door

I like to think the outlook here in this forum is more based on proof than conjecture.

The OP's guilt or innocence of any offence is not the question. The question I believe is can the gardai consficate items related to the prohited articles but not prohited in themselves.

Reloc8

Zambia232 wrote: »

I think your safe this time, but you are on the radar. Simply due to the fact there would be reasonable doubt from what you have said. But thats just ofthinking

You can not possibly give that advice. It's utterly unsafe and irresponsible. Did you even think about whether the equipment taken would be forensically tested for cannabis traces ? The possibility of other witnesses unknown to the OP existing ? Whether the OP said anything to the gardai of relevance to his position ?

Zambia232 wrote: »

Thats not advice just my laymans opinion.

Well it looks like advice. But if its 'just your laymans opinion' then why bother - its pointless. Do you even know that the question of whether reasonable doubt exists is for a judge sitting alone or a jury sitting with a judge and that the stated approach of the prosecuting authority is to prosecute where it is of the opinion that there is a case to answer ? Or what a case to answer is ?

plasteritup wrote: »

dont grow it in your own gaff,and if youve been raided,dont ever bring drugs into your house again,if you want to deal drugs,dont handle them.do you think the ownner of marks and spencer drops all the christmas puddings to his shops himself in a van,no,he gets someone to do it for him.
ps,was involved in this game for a long time,it does not work.misery awaits you and your loved ones.

Seriously...what are we at here ? Providing advice as to how to commit crime ? Admitting guilt of crime ? Encouraging it ? Trying to look like we've got a hardcore past ?

Zambia232 wrote: »

I like to think the outlook here in this forum is more based on proof than conjecture.

The OP's guilt or innocence of any offence is not the question. The question I believe is can the gardai consficate items related to the prohited articles but not prohited in themselves.

There is no proof in this forum. You can't prove anything in here. Its all just words on the internet. This is not a place where people get told they are innocent, guilty or 'safe this time'. Well at least it shouldn't be. And if the OP's legal guilt or innocence is not the question I find your earlier posting all the more bizarre.

And yes. That was the question (bolded above). With a follow up as to whether a charge may lie based on possession of drug paraphernalia which you replied to as per above.

I'm not seeking to make personal attacks but in all fairness, come on people.

Thankfully the OP seems to have done the only sensible thing and independently decided to speak to a solicitor.

Zambia

Reloc8

You may not be trying to make personnal attacks but your certainly getting there.

The OP said the Gardai took some lamps. Thats it just lamps and a phone thats all they said if they said "Lamps I used to grow cannabis and a phone with texts all over it concerning drugs" then you have a piont.

So in that case there is reasonable doubt.

You adding facts like cannabis traces is throwing mud at the facts. I also stated that was just me thinking (sadly due to predictive text it came out Ofthinking). That cannot be taken as advice.

If I have given advice surely the best course of action would be to report the post would it not?

Reloc8

Zambia232 wrote: »

Reloc8

You may not be trying to make personnal attacks but your certainly getting there.

The OP said the Gardai took some lamps. Thats it just lamps and a phone thats all they said if they said "Lamps I used to grow cannabis and a phone with texts all over it concerning drugs" then you have a piont.

So in that case there is reasonable doubt.

You adding facts like cannabis traces is throwing mud at the facts. I also stated that was just me thinking (sadly due to predictive text it came out Ofthinking). That cannot be taken as advice.

If I have given advice surely the best course of action would be to report the post would it not?

Nothing personal in what I said although you may not have liked that I said it.

I didn't add any facts.

I don't understand what predictive text has to do with it.

You're still trying to say there is 'reasonable doubt' here for some reason despite your claiming layman status in characterising what you're doing as acceptable.

I have taken your advice.

Zambia

Reloc8 wrote: »

Nothing personal in what I said although you may not have liked that I said it.

I didn't add any facts.

I don't understand what predictive text has to do with it.

You're still trying to say there is 'reasonable doubt' here for some reason despite your claiming layman status in characterising what you're doing as acceptable.

I have taken your advice.

Ok does the possession of a high powered lamp alone mean you are growing cannbis?

FreudianSlippers

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FreudianSlippers

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