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Search Warrants?

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  • 29-03-2011 6:46pm
    #1
    JenniFurr
    Closed Accounts Posts: 232 ✭✭


    Apologies if this is posted in the wrong section.

    A few weeks ago the house I was living in was raided by the Gardai. The search warrant was in the name of someone I was living with. The Gardai searched my property/room while I was away and broke down my bedroom door as it was locked. They were told that this was my room but they searched it anyway and ransacked the place. No illegal activity was found but I've been told since that because my name was not on the warrant that they had no legal entitlement to search my things. I'm just curious whether this is true or not.

    Can anyone shed some light on this?


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    #2
    source
    Registered Users Posts: 5,270 ✭✭✭source


    The warrant will be issued for the address, allowing members to search the entire address, (the person named on the warrant can have access to all areas of the house). If the house was broken up into separate apartments then a warrant would be required for each apartment given that they are separate residences.

    Who told you that they couldn't search your room?


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    #3
    Turner
    Moderators, Society & Culture Moderators Posts: 3,931 Mod ✭✭✭✭Turner


    JenniFurr wrote: »
    Apologies if this is posted in the wrong section.

    A few weeks ago the house I was living in was raided by the Gardai. The search warrant was in the name of someone I was living with. The Gardai searched my property/room while I was away and broke down my bedroom door as it was locked. They were told that this was my room but they searched it anyway and ransacked the place. No illegal activity was found but I've been told since that because my name was not on the warrant that they had no legal entitlement to search my things. I'm just curious whether this is true or not.

    Can anyone shed some light on this?

    I have never seen a name on a search warrant. A search warrant normally has the address of the premises or land. (and can have alot of other things on it)

    Was it a warrant to arrest your friend? or was it a different type of warrant?

    If you are unhappy that the Gardai were out looking for either wanted people or drugs/guns/stolen property or whatever they were looking for.

    If you feel that they might have had better things to do instead and would like to make a complaint at the way your premises was searched maybe try contacting the GSOC.


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    #4
    JenniFurr
    Closed Accounts Posts: 232 ✭✭JenniFurr


    foinse wrote: »
    The warrant will be issued for the address, allowing members to search the entire address, (the person named on the warrant can have access to all areas of the house). If the house was broken up into separate apartments then a warrant would be required for each apartment given that they are separate residences.

    Who told you that they couldn't search your room?

    I paid for my bedroom separately as I live in student style accommodation. The landlord had been contacted and gave full details as to which rooms where rented by the tenants.

    I was told that they shouldn't have searched my things by a friend whose father is a solicitor but I was unsure of the validity of his claims.
    Chief--- wrote: »
    I have never seen a name on a search warrant. A search warrant normally has the address of the premises or land. (and can have alot of other things on it)

    Was it a warrant to arrest your friend? or was it a different type of warrant?

    If you are unhappy that the Gardai were out looking for either wanted people or drugs/guns/stolen property or whatever they were looking for.

    If you feel that they might have had better things to do instead and would like to make a complaint at the way your premises was searched maybe try contacting the GSOC.

    It was a search warrant but I was under the impression that it was in my flatmate's name as the interrogated him quite a lot but I am not an expert as I've never had any trouble with the law.

    I'd like to state that I have no problem with the Gardai doing their job but I have problem with the damage they did to my room. Some personal items were broken, my suitcases where ripped apart and my college thesis which cost €50 to be bound properly had been damaged... as well as the state they left the place in.

    When I got home I thought I had been robbed. I asked if one of my flatmates had they called the police and to my surprise I was told that the police were the ones who had done it.


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    #5
    Locust
    Registered Users Posts: 319 ✭✭Locust


    http://acts.oireachtas.ie/en.act.1977.0012.1.html#sec26

    check out the legislation - as mentioned i've never seen a warrant made out to a person - rather an address - and to search the whole address and people therein. I'd say they suspect your housemate of something, but the warrant is for the whole address - and all persons therein...

    Just because you are renting a room there, i don't think it makes much difference. It would if each room was officially marked in some way as an individual apartment within the building, i.e. locks and numbers on the doors etc... You civil agreements for rent etc, are on a different level to the provisions in criminal law

    Otherwise i'd say tthe warrant for the address legally entitles them to search everything and search it by force. That means if they want to search inside the couch they can cut it open, if they want to look inside a wall, they can, if they want to look under floorboards, they can pull them up, locked door? Guess what - they are enabled by that warrant to force the door open if they need to.


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    #6
    gerire
    Registered Users Posts: 2,586 ✭✭✭gerire


    JenniFurr wrote: »
    I was told that they shouldn't have searched my things by a friend whose father is a solicitor
    If you took advice from your friends dad, the solicitor, it was bad advice.
    If you took it from a friend whose dad is a solicitor...

    Look I know you may feel your personal space has been invaded etc but warrents are not easy to come by and they are applied for a reason. Your room mate could have easily been hiding whatever in your room. Even if it is seperate room with locked door.

    Its all covered above.


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    #7
    Geansai
    Registered Users Posts: 164 ✭✭Geansai


    http://www.citizensinformation.ie/en/justice/arrests/powers_of_search.html

    A very useful website.


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    #8
    [Deleted User]
    Posts: 14,344 ✭✭✭✭ [Deleted User]


    Eru wrote: »
    I cannot believe people are answering this question!

    If you have a grievance, pay a solicitor and stop fishing for free legal advice from Gardai so you can make a complaint against other Gardai.


    Stay away from the Legal forums, whatever you do! :p


    Personally, I don't know the first thing about this, but I do have a general enquiry, that maybe a Garda or someone who has been on the receiving end of a search warrant, can answer. That being; do Gardaì not pay to cover the cost of damage done in these situations?


    I'd have assumed that search warrants would be issued with probable damage costs in mind? :confused:


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    #9
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    If you believe damage was done during the search write to the local superintendent. He will investigate it and can issue payment if he feels you are telling the truth. If you are unsatisfied with his response you can go to GSOC.


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