Does a garda need a search warrant for a tent?

Evaex

Just wondering if it classifies as a dwelling.

DjFlin

Going to Electric Picnic then are you?

Evaex

DjFlin wrote: »

Going to Electric Picnic then are you?

As it so happens, yes

DjFlin

Evaex wrote: »

As it so happens, yes

My friend asked the same thing yesterday. Our general consensus was that they wont. They'll be too busy trying to stop people bottling each other and trampling each other and the like. People getting high is probably on the bottom of the list of worries.

Veni Vidi Vici

Not at all. If they have any suspicions of illegal activity they'll search it. Seen it happen countless times at Oxegen.

ViP3r

In accordance with ECJ jurisprudence the position appears to lean toward the protection of the dwelling, regardless of type or ownership. Of course a temporary structure could qualify...if you resided there on a consistent basis.

detective

Excellent question and one to which I don't know the answer but someone on here will know... however... I'd imagine you consent to make yourself liable to searches as part of the contract of entry. Just like GAA matches and concerts do etc...

soterpisc

No they can't. But if you are at a music concert they may have terms and conditions for allowing you enter with your tent and one of they may be that it may be searched. (if they suspect you are hiding drugs) So I would check the venue T&C's.

But if you are on your own land with your own tent, its your dwelling and they need a warrant (same as a hours)

Oranage2

Gards can enter a property if they they have reasonable suspision that laws have been broken




When a Garda does not have an arrest warrant, he or she may enter and search any premises where he or she, with reasonable cause, suspects you to be. However, if the premises is a dwelling and he or she does not have the permission of the person who lives in the dwelling, the Garda cannot enter unless :

• You live at the dwelling
• The Garda has seen you inside or entering the dwelling or
• The Garda, with reasonable cause, suspects that before he or she can get an arrest warrant, you will either abscond or you will obstruct the course of justice or
• He or she, with reasonable cause, suspects that before he or she can get an arrest warrant, you will commit an offence

I think people watch to many movies and not enough constitutions!

detective

Oranage2 wrote: »

Gards can enter a property if they they have reasonable suspision that laws have been broken




When a Garda does not have an arrest warrant, he or she may enter and search any premises where he or she, with reasonable cause, suspects you to be. However, if the premises is a dwelling and he or she does not have the permission of the person who lives in the dwelling, the Garda cannot enter unless :

• You live at the dwelling
• The Garda has seen you inside or entering the dwelling or
• The Garda, with reasonable cause, suspects that before he or she can get an arrest warrant, you will either abscond or you will obstruct the course of justice or
• He or she, with reasonable cause, suspects that before he or she can get an arrest warrant, you will commit an offence

I think people watch to many movies and not enough constitutions!

This refers to Gardai being able to enter a dwelling purely for the purpose of arresting you and not for searching the dwelling. I think the OP is concerned about his tent being searched. The above is S6 Criminal Law Act 1997.

Oranage2

detective wrote: »

This refers to Gardai being able to enter a dwelling purely for the purpose of arresting you and not for searching the dwelling. I think the OP is concerned about his tent being searched. The above is S6 Criminal Law Act 1997.

Well they're not going to randomally search tents - lets not forget gards are pretty lazy human. The only reason they will search your tent is if they know you have drugs by either smoking it in public or walking around pill'd off your face thus giving them suspision thus leading them to enter and search your property -

Anyway if you've nothing to hide then they're more than likely wont search your tent -

detective

Oranage2 wrote: »

The only reason they will search your tent is if they know you have drugs by either smoking it in public or walking around pill'd off your face thus giving them suspision thus leading them to enter and search your property

Incorrect because neither of the above are arrestable offences so they cannot even enter the dwelling. In addition even if they were arrestable offences the Guards couldn't search the tent they could only enter to arrest you and not search the premises. They could, however, search the area immediately around you so if it was a small tent then maybe they could search it all....