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Search warrant

  • 06-07-2011 1:35am
    #1
    pillphil
    Registered Users, Registered Users 2 Posts: 788 ✭✭✭


    Deleted the post, it was fairly incoherent.


Comments

  • #2
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    What?


  • #3
    pillphil
    Registered Users, Registered Users 2 Posts: 788 ✭✭✭pillphil


    Sorry, I'm having trouble phrasing this question. I reckon I know the answer anyway but what's the harm in asking?

    Hypothetical: A man is found by the garda asleep in a van. Beside him is a stalk from a weed plant, and a weighing scales. There is also a letter from social welfare with this man's name on it, and your address (you being seanbeag1). "Why is my address on this dole slip?" I hear you cry (sorry, it's been a long night). The reason your address is on the dole slip, is that this man was pretending to live in your house so he could claim the full dole.

    Is this grounds for the garda to raid your house? Even though he doesn't now nor has he ever lived there.

    I'm guessing it is, all they need is suspicion of drugs for a search, right?


  • #4
    Paulw
    Registered Users, Registered Users 2 Posts: 13,381 ✭✭✭✭Paulw


    pillphil wrote: »
    I'm guessing it is, all they need is suspicion of drugs for a search, right?

    Yes, suspicion of drugs would be enough to get a search warrant, especially when combined with a find of drugs with/on the person.


  • #5
    FreudianSlippers
    Registered Users, Registered Users 2 Posts: 20,397 ✭✭✭✭FreudianSlippers


    Well, under the Misuse of Drugs Act (I believe 1977 but can't look it up right now) the Gardaí have the power to search a person or vehicle without a warrant once they have reasonable grounds for suspicion that drugs are present on the person or in the vehicle.

    What you're asking is say someone steals my identity to falsely claim the dole and they're caught with drugs and my identity, can the Gardaí raid my house on suspicion of drugs?

    In that case the Garda would have to go to the District Court or a Peace Commissioner and give evidence on oath that they have reasonable suspicion that the premises contains drugs (or any other item in contravention of the Misuse of Drugs Act) and that Judge or Peace Commissioner must be satisfied that this evidence raises a reasonable suspicion and they then grant the warrant.

    I'm assuming, and that is all, that the Garda may have suspected that due to the stem of the plant that there may be more growing in the premises and gave that evidence; evidence which IMO may be sufficient to grant a warrant.


    EDIT: Paulw beat me to it! :D


  • #6
    pillphil
    Registered Users, Registered Users 2 Posts: 788 ✭✭✭pillphil


    Cheers lads, thought as much, I'm going to wring that dole scamming little prick's neck as soon as I get my hands on him.


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  • #7
    FreudianSlippers
    Registered Users, Registered Users 2 Posts: 20,397 ✭✭✭✭FreudianSlippers


    pillphil wrote: »
    Cheers lads, thought as much, I'm going to wring that dole scamming little prick's neck as soon as I get my hands on him.
    Just report him to the Gardaí and let them handle it... you should also possibly see a solicitor regarding this issue.


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