boyfriend in court

BUBBLES1978

Quick question:

i was on holidays in the summer months bf was looking after my house (cats and dogs!!)

This is not his own address he has his own house, however long story short!!! guards came to visit him at mine and found €30 euro of weed which he is now going to court for!!

Anyways guards called yesterday with summons to my house i told them he doesnt live here gave him his address (residing there 2 years) but they MADE me take the summons, took myself down to station last night and advised them kindly to change the address as im the innocent party here and its nothing to do with me !!!!

will they change the address of will my address have to be given althought he is not resident there???? this is kinda sickening to me as local papers will have this on it and it is me who will be dragged into it.

sellerbarry

One question. Why did the guards give him a visit in the first place? They don't normally just go knocking on doors.

John_Mc

This doesn't add up.

Why would the gardai call to your house? Why would they search it? Unless they had a warrant, your boyfriend must have let them in to search your house. They would've given a reason for asking to do this.

Sgt. Bilko 09

BUBBLES1978 wrote: »

Quick question:

i was on holidays in the summer months bf was looking after my house (cats and dogs!!)

This is not his own address he has his own house, however long story short!!! guards came to visit him at mine and found €30 euro of weed which he is now going to court for!!

Anyways guards called yesterday with summons to my house i told them he doesnt live here gave him his address (residing there 2 years) but they MADE me take the summons, took myself down to station last night and advised them kindly to change the address as im the innocent party here and its nothing to do with me !!!!

will they change the address of will my address have to be given althought he is not resident there???? this is kinda sickening to me as local papers will have this on it and it is me who will be dragged into it.

Thery'll only go on fact driven incidents if the drugs were at your address they'll keep your address on it and also could search your bf house seen as he was in the house at the time too.

They can't change anything otherwise the evidence won't be strong enough for them to give a charge or a fine or what ever of legal action there taking.

Cavehill Red

I hope your not the same as the Miss Bubbles who asked a question about her ex seeking access rights to their child recently.
If so, and you're also implicated in a drugs-related prosecution, not to mention weed was found in your home, then that might not go well for you.
If you're not Miss Bubbles, never mind. I would simply reiterate the points made above - the Gardai don't just come knocking on doors looking for weed, and they'd have required a warrant unless your bf permitted them in to search the premises.

plasteritup

its simple really,
if it is as you say it is,guards came to your house found weed on yor boyfriend.
is it your bfs name on the summons?
if so,you are not being proscuted!

if i got caught with weed in spar.
the summons is not handed in to the spar shop.
it comes to my home address.

did your boyfriend give your address as his home one.
if so he is open to more charges.

if not the summons was issued incorrectly,contact solicitor.
in fact he will need one anyway,so best advice is to get one now because he will need one anyway,so best go now,it will only be a small fine if it his first offence anyway,but with them calling to him out the blue,i doubt it is(:

BUBBLES1978

right its me and im not this ms bubbles person!!!!

firstly there was no warrent they said they can search any house now without a warrant. the reason they searched him at my address was he was seen with 2 guys 2 nights before (he gave them a lift down town) and they searched him on the basis that he was associated with them

they followed him that night to my address as he was going in checking on my animals and he stayed there that night, hence him having his own small suply on him at my address. now im livid enough with him over this he is going to court has held his hands up to all this but for me the question is did they actually have the right to enter my premises with me not being there (they used force to enter also )

i believe they reckoned he is some sort of massive drug lord, which i might add he is not!!! but my pojnt again is what are the legalities of all this as it has nothing to do with me, i visited the guards myself when i got home from hols and there were extremly apolgetic regarding my door etc but since this they have sent the warrent to my house and last night when i went down again as warrent was from my house they said they would change it to his address

so wil the charge be from my address or from his as i really dont want my name in lights and should i seek legal advice myself as to the damage done to my door and my name being brought into this

thanks for you help on this guys i really am worried about it all for me !!

BUBBLES1978

plasteritup wrote: »

its simple really,
if it is as you say it is,guards came to your house found weed on yor boyfriend.
is it your bfs name on the summons?
if so,you are not being proscuted!

if i got caught with weed in spar.
the summons is not handed in to the spar shop.
it comes to my home address.

did your boyfriend give your address as his home one.
if so he is open to more charges.

if not the summons was issued incorrectly,contact solicitor.
in fact he will need one anyway,so best advice is to get one now because he will need one anyway,so best go now,it will only be a small fine if it his first offence anyway,but with them calling to him out the blue,i doubt it is(:

they entered forcefully into the premises with no warrent he came down the stairs with them wandering around he told them what he had on him and handed it to them they then said is this your house he said no its my girlfriends and told them his address at this point and after walking around the house they apologised to him and said they believed he was living there as he had been seen coming into the house 2 nights before, he told them its not him they should be apologising to but me and they said they would

i went down and they explained niothing to me as to why they wanted to search him / they explained this had nothing to do with me / i said it fu*kin had now as they had entered my house !!!

sf80

No basis for this other than common sense....

I would suggest you or your boyfriend contact a solicitor. I do not think the guards can force entry without a warrant under normal circumstances, they might try suggest your boyfriend invited them in though. Like vampires, but more dangerous.

MagicSean

If they followed him from what they believed to be a drug deal they can enter without a warrant in order to arrest him and prevent the destruction of evidence. They cannot do a full search though, just the area a round him. Unfortunately if you let someone involved in drugs stay in your house you run the risk of having your place searched. The fact that drugs were found on him helps to justify the entry.

http://www.irishstatutebook.ie/1997/en/act/pub/0014/sec0006.html#sec6

If you are unhappy you can write to the local super, the ombudsman, or retain a solicitor for a civil suit. Or you can dump your boyfriend for bringing drugs into your house. Up to you really.

plasteritup

only way they can search the house is if your bf is on that drug law that was passed that anyone convicted of drug offences (i think over a certain amount or gang realated something like this anyway,not 100% on the ins and outs)can have the premises that they reside at searched without a warrant,maybe it includes a house they are staying in!other than that a warrant is needed.

if he is on that list,you are not being truly truthfull with you question,so you will not get a definte answer.
my guess is your changing bits of the proper story to be told what you want to hear,my guess is he has previous or is on tr,the cops have done him again and now its more jail or a current sentence is reactivated,and now its try and wrangle our way out of it time(:.

BUBBLES1978

k_mac wrote: »

If they followed him from what they believed to be a drug deal they can enter without a warrant in order to arrest him and prevent the destruction of evidence. They cannot do a full search though, just the area a round him. Unfortunately if you let someone involved in drugs stay in your house you run the risk of having your place searched. The fact that drugs were found on him helps to justify the entry.

http://www.irishstatutebook.ie/1997/en/act/pub/0014/sec0006.html#sec6

If you are unhappy you can write to the local super, the ombudsman, or retain a solicitor for a civil suit. Or you can dump your boyfriend for bringing drugs into your house. Up to you really

he was seen with these 2 men 2 days before ,does that still stand as a reason to follow him in order to arrest him and prevent the destruction of drugs . They rammed through the door and when he came down the stairs he GAVE them what he had it was not on his person it was in his cigerette box!
when i spoke with the super when i got back from holidays he apologised to me and clearly stated that he did not think my bf was some drug lord that a new guard was in town at the time and wanted to show his mark so he russled up whoever he could to get done over and thinking he resided at my house he went there, it was death by association for my bf and yes i could have dumped him there and then but i know hes a good man and not some yolk!!! he just was stupid and now its going to fall back on me!!!!!!!!!

MagicSean

You should also be aware that allowing your house to be used for the preparation of drugs is an offence so you could just as easily be pulled into the case if the Gardaí search your premises and find evidence of this.

http://www.irishstatutebook.ie/1977/en/act/pub/0012/sec0019.html#zza12y1977s19

FreudianSlippers

OP and/or her boyfriend ought to seek advice from a Solicitor.

Some information appears to be missing from this story - in any event, we cannot offer legal advice here.

BUBBLES1978

plasteritup wrote: »

only way they can search the house is if your bf is on that drug law that was passed that anyone convicted of drug offences (i think over a certain amount or gang realated something like this anyway,not 100% on the ins and outs)can have the premises that they reside at searched without a warrant,maybe it includes a house they are staying in!other than that a warrant is needed.

if he is on that list,you are not being truly truthfull with you question,so you will not get a definte answer.
my guess is your changing bits of the proper story to be told what you want to hear,my guess is he has previous or is on tr,the cops have done him again and now its more jail or a current sentence is reactivated,and now its try and wrangle our way out of it time(:.

no no no no no!!!!! i am bein truthful so ****ing truthful it hurts that im even writing this out here for all to see

his previous as you would call it was 3 years ago being caught with a joint in his car went to court and got a small fine that is the extent of his previous, as regards drug laws or gang warefare there is none of that i can assure you

as for tr he has never even been in prison so now can my question be answered and the amount he was caught with was €30 euro this time, €30euro written on the summons thats it the whole truth so help me god!!!!!!!

MagicSean

BUBBLES1978 wrote: »

he was seen with these 2 men 2 days before ,does that still stand as a reason to follow him in order to arrest him and prevent the destruction of drugs . They rammed through the door and when he came down the stairs he GAVE them what he had it was not on his person it was in his cigerette box!
when i spoke with the super when i got back from holidays he apologised to me and clearly stated that he did not think my bf was some drug lord that a new guard was in town at the time and wanted to show his mark so he russled up whoever he could to get done over and thinking he resided at my house he went there, it was death by association for my bf and yes i could have dumped him there and then but i know hes a good man and not some yolk!!! he just was stupid and now its going to fall back on me!!!!!!!!!

I'm just quoting you the relevant legislation based on your original post. I wasn't there so I can't say why they did enter or if they entered.

MagicSean

BUBBLES1978 wrote: »

no no no no no!!!!! i am bein truthful so ****ing truthful it hurts that im even writing this out here for all to see

his previous as you would call it was 3 years ago being caught with a joint in his car went to court and got a small fine that is the extent of his previous, as regards drug laws or gang warefare there is none of that i can assure you

as for tr he has never even been in prison so now can my question be answered and the amount he was caught with was €30 euro this time, €30euro written on the summons thats it the whole truth so help me god!!!!!!!

Noone is going to be able to give you the answer you want because noone knows the specifics of the case.

Delancey

OisinT wrote: »

Some information appears to be missing from this story -

+ 1

plasteritup

BUBBLES1978 wrote: »

no no no no no!!!!! i am bein truthful so ****ing truthful it hurts that im even writing this out here for all to see

his previous as you would call it was 3 years ago being caught with a joint in his car went to court and got a small fine that is the extent of his previous, as regards drug laws or gang warefare there is none of that i can assure you

as for tr he has never even been in prison so now can my question be answered and the amount he was caught with was €30 euro this time, €30euro written on the summons thats it the whole truth so help me god!!!!!!!

small fine,would defo not want 2 be getting caught again

detective

A Garda cannot perform a search of your house without a warrant being in existence, however, they can search a house without actually possessing the warrant at the time of search (i.e. they can leave it at the station). Is this what happened here?

Finnbar01

detective wrote: »

A Garda cannot perform a search of your house without a warrant being in existence, however, they can search a house without actually possessing the warrant at the time of search (i.e. they can leave it at the station). Is this what happened here?

Do search warrants need to be signed by a district judge?

MagicSean

Finnbar01 wrote: »

Do search warrants need to be signed by a district judge?

It depends on the warrant. Most can be signed by a peace commissioner and some can be signed by a Superintendent. A warrant from a judge would be considered more bulletproof though.