Advice re search warrant

Trick of the Tail

Hi, could someone definitively give me some advice about how Gardai should conduct themselves whilst conducting a search of a house?

The search was something to do with a Telecommunications Act.

Do the gardai have to identify themselves?

Do they have to leave a copy of the warrant?

Are they obliged to state if asked, the powers under which they are serving the warrant?

Do they have to state if asked, what offence is suspectd to have been committed?

Any other things they are obliged to do?

Thanks

A.

MagicSean

They have to show you a copy of the warrant if requested. That's pretty much it.

Turner

alinton wrote: »

Hi, could someone definitively give me some advice about how Gardai should conduct themselves whilst conducting a search of a house?

The search was something to do with a Telecommunications Act.
Could be anything so, from dodgy tv licenses to texting an ex harassing messages.

Do the gardai have to identify themselves?
Not by law, no. Internal rules yes.

Do they have to leave a copy of the warrant?
No

Are they obliged to state if asked, the powers under which they are serving the warrant?
Not really, It will be on the warrant, along with the judges name that signed it.


Do they have to state if asked, what offence is suspectd to have been committed?
No

Any other things they are obliged to do?
Plenty

Thanks

A.

Turner

Victor

alinton wrote: »

Hi, could someone definitively give me some advice

Get a solicitor.

---

Turner wrote: »

Do the gardai have to identify themselves?

Not by law, no. Internal rules yes.

But to serve the warrant, won't they have to claim to be gardaí (or other relevant agency)? Otherwise the occupier could, not unreasonably defend their property.

dahamsta

I'm surprised by the assertion that they don't have to leave a copy of the warrant too. Seems unlikely.

Turner

Victor wrote: »

Get a solicitor.

---

But to serve the warrant, won't they have to claim to be gardaí (or other relevant agency)? Otherwise the occupier could, not unreasonably defend their property.

They will normally shout "Gardai search warrant"

The Garda with the warrant will always explain the warrant, and his/her name is written on the warrant also.

The occupier (or anybody) does not have to be present to execute a search warrant.

Surely you have all seen road wars, cop squad and all the rest of the UK police executing search warrants.

Its happens exactly the same over here.

Ken.

I have 2 question's. If the Gardai arrived to search my house can i remain in the house? and could i video what their doing? Just wondering.

Turner

If they allow you yes, if they don't.. No.

if you obstruct them in any way there is a power of arrest.

Ken.

Turner wrote: »

If they allow you yes, if they don't.. No.

if you obstruct them in any way there is a power of arrest.

Cheers for that Turner, Its something that's bugged me for years.

Victor

dahamsta wrote: »

I'm surprised by the assertion that they don't have to leave a copy of the warrant too. Seems unlikely.

They will have to leave some sort of receipt for what they take. However, the warrant is an original and giving it to an occupier may (a) make proving the warrant in court difficult (b) provide unnecessary assistance to a suspect.

dahamsta

They can't bring a copy with them? Would it weigh them down?

sparkling sea

alinton wrote: »

Hi, could someone definitively give me some advice about how Gardai should conduct themselves whilst conducting a search of a house?

There is no definitive answer - all the information you need is available from the Irish Council Of Civil Liberties - http://www.google.ie/url?sa=t&rct=j&q=iccl%20gardai%20conduct%20with%20search%20and%20seize%20warrant&source=web&cd=2&ved=0CDQQFjAB&url=http%3A%2F%2Fwww.iccl.ie%2Fattachments%2Fdownload%2F101%2FKnow%2520Your%2520Rights%2520Criminal%2520Justice%2520and%2520Garda%2520Powers.pdf&ei=Laz9TovCEMO5hAf8t9m-AQ&usg=AFQjCNH5cUxprBytt58GTcKmU9yCj86Z-w&cad=rja

The search was something to do with a Telecommunications Act.
Too vague - there is no set standards

Do the gardai have to identify themselves?
Under legislation and their own code of practice they are meant to present themselves in a certain way, their ID number should be given. They should give their name if asked

Do they have to leave a copy of the warrant? No - but a copy can be requested and a solicitor will request one to check for accuracy.

Are they obliged to state if asked, the powers under which they are serving the warrant? They are obliged too, yes

Do they have to state if asked, what offence is suspectd to have been committed? This should be clear from the legislation.

Any other things they are obliged to do?

Thanks

A.

You could also email the Garda Commissioners Office/ the Dept of Justice/ the Irish Council of Civil Liberties and a number of other organisations, who can answer your queries - you will however have to provided them with precise information.

Turner

dahamsta wrote: »

They can't bring a copy with them? Would it weigh them down?

Have you ever seen somebody grab, stuff in their mouth, chew and swallow a search warrant?

I have.

Its not all nice and calm and civil out there.

Sometimes it is, 95% of the time its not.

dahamsta

Eh? By that logic, a copy would be an advantage.

Turner

The Gardai do bring a copy, a lot of people like to eat this, Thinking they are destroying the original.

CIARAN_BOYLE

Turner wrote: »

Have you ever seen somebody grab, stuff in their mouth, chew and swallow a search warrant?

I have.

Its not all nice and calm and civil out there.

Sometimes it is, 95% of the time its not.

I'm sorry but the image of this is cracking me up

dahamsta

You couldn't have just said that?

ANSI

alinton wrote: »

Hi, could someone definitively give me some advice about how Gardai should conduct themselves whilst conducting a search of a house?

The search was something to do with a Telecommunications Act.

Do the gardai have to identify themselves?

Do they have to leave a copy of the warrant?

Are they obliged to state if asked, the powers under which they are serving the warrant?

Do they have to state if asked, what offence is suspectd to have been committed?

Any other things they are obliged to do?

Thanks

A.

ICCL on Garda Powers

Victor

Turner wrote: »

The Gardai do bring a copy, a lot of people like to eat this, Thinking they are destroying the original.

Do you bring ketchup? Napkins?

Hooch

Victor wrote: »

Do you bring ketchup? Napkins?

Pepper only......comes in a nifty canister....:D