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Lawful Search Question

  • 07-02-2012 12:11pm
    #1
    Sully
    Moderators, Education Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 24,056 Mod ✭✭✭✭


    Please settle a little debate we are having re: TV License in the Waterford forum. A few questions if I may;

    1) I assume a TV Licence inspector needs a Guard with a warrant to search a house for a TV?

    2) In general, can you refuse entry to the Gardai if they have a warrant to search your house - regardless of what items they are looking for?

    3) Are there any reported cases where warrants for a TV licence inspection was granted and carried out?

    I was always of the understanding that Gardai could search a premises and secure a warrant for an inspection for a TV? Secondly, if a Garda had a warrant to search my house that I could not refuse them entry / not agree with the warrant and instead if I wish to object to the warrant than I must go to court (after the search) where it may be declared invalid and the evidence found in any search under said warrant becomes invalid also?


Comments

  • #2
    Corruptable
    Registered Users, Registered Users 2 Posts: 317 ✭✭Corruptable


    It's been discussed previously in the following threads:

    http://www.boards.ie/vbulletin/showthread.php?t=2056507399
    http://www.boards.ie/vbulletin/showthread.php?t=2056467654

    A search warrant is a written order giving a person authority to enter a premises and search for and seize property. It would generally be foolhardy to refuse entry to your dwelling in a case in which they have a valid search warrant (address, date, etc.) and they are permitted to use reasonable force to enter the dwelling. Even if the warrant was defective and the search was therefore unconstitutional, the court has discretion to exclude or include evidence obtained as a result of that search, per the so-called Judge's Rules.

    I've never heard of any instances in which a warrant has been issued to a TV License inspector, I'd imagine the inspector would need to convince a District Court judge that you have a TV and you are simply obstructing him. In other words, he needs to have a basis on which you seek a warrant.


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