Search Warrants?

pachey100

Ok lads I have a problem to solve.

I was on my way home from work today and got a phone call from my neighbor who walks my dogs when I am working. He drove up to my house and was jumped by 8 guards who asked him if he owned the property and gave him a really hard time. They then entered my house and make a real balls of the place everything was upside down and wrong the round way. Now I live very close to 3 people who are known dope users. I myself do not have anything to do with dope.

I am wondering if its legal for them to enter my property without me present?

Did they have a warrant? did your dog walker see it?

have you got onto your local station to see who was up there and what warrant they had?

to answer your question, if they did have a warrant, then yes, they are entitled to enter your property, by force if needed, and yes they are allowed in if your not there.

pachey100

I cant get hold of the local lad but got onto the main station around here and they just said they couldn't comment. When I asked if they had a warrant he said no comment again.

My friend said they said they had a warrant.

audi a4 2008

bubblypop wrote: »

Did they have a warrant? did your dog walker see it?

have you got onto your local station to see who was up there and what warrant they had?

to answer your question, if they did have a warrant, then yes, they are entitled to enter your property, by force if needed, and yes they are allowed in if your not there.

that is in part true.but the warrant must be made out to someone,gardai cant just get a blank warrant and search a house,and by what u say they got the wrong house and u are intitled to compensation

coylemj

audi a4 2008 wrote: »

that is in part true.but the warrant must be made out to someone,gardai cant just get a blank warrant and search a house,and by what u say they got the wrong house and u are intitled to compensation

A search warrant relates to a specific property, not a person so it will say that the Gardai, lead by detective Joe Murphy can enter 25 Bridge St, Ballyanywhere, regardless of who lives there.

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

If a search warrant was made out against a named individual instead of a specific address, it would effectively allow the Gardai to break down the door of any property that the person lived in over the previous few weeks.

Locust

+1 A warrant is for an address, not a person:- i.e. to search number 12 main street.

Yes they can legally enter your house without you present. Its not ideal, but due to the nature of the drugs game, police may have to act seemingly at a moments notice, no consolation to you though.

Ring the station - ask to speak to/make an appointment to get the investigating guard to contact you and ask him about it and tell him -- where the dope dealers are at if you feel they've the wrong address or feel the dealers may have used your address, giving the cops the run around?

Esel

coylemj wrote: »

If a search warrant was made out against a named individual instead of a specific address, it would effectively allow the Gardai to break down the door of any property that the person lived in over the previous few weeks.

Seriously?

mikemac

Locust wrote: »

Yes they can legally enter your house without you present. Its not ideal, but due to the nature of the drugs game, police may have to act seemingly at a moments notice, no consolation to you though.

And if they find nothing there can the owner make a claim to get their door repaired?
Do the gardaí or Department of Justice have a budget for this?

MagicSean

mikemac wrote: »

And if they find nothing there can the owner make a claim to get their door repaired?
Do the gardaí or Department of Justice have a budget for this?

I think it's done locally. You should write to the local Superintendent.

MapForJ

mikemac wrote: »

And if they find nothing there can the owner make a claim to get their door repaired?
Do the gardaí or Department of Justice have a budget for this?

can they claim for the trauma of having their home invaded and
torn apart?

MagicSean

MapForJ wrote: »

can they claim for the trauma of having their home invaded and
torn apart?

No. They would have to challenge the warrant to do that.

MapForJ

Seanbeag1 wrote: »

No. They would have to challenge the warrant to do that.

before it was executed? How does one challenge it before?

pachey100

The odd thing is that the local guard has not contacted me and I know him fairly well. I have not seen a warrant and they did not enter my house until my friend drove up. If they thought I was my friend and they were waiting for me that until they entered my house that seems a bit fishy.

And they got muddy poor prints on my bed from the sniffer dog I might sent them the cleaning bill

MagicSean

MapForJ wrote: »

before it was executed? How does one challenge it before?

I mean they would probably have to prove the search was illegal if they wished to claim it caused undue stress.

mcgarrett

mikemac wrote: »

And if they find nothing there can the owner make a claim to get their door repaired?
Do the gardaí or Department of Justice have a budget for this?

You should try the state claims agency but if warrant covers forced entry they won't entertain you.

Delancey

Important question OP - did the Guards find or remove anything from your property ?

pachey100

Delancey wrote: »

Important question OP - did the Guards find or remove anything from your property ?

No.

Zambia

Sorry this all sounds very odd. Go down to your local station and report the event as a break in. As you have nothing that proves it was not.