Warrant

Pocaide

What consitutes if a warrant has been executed or not

keano007

What type of warrant? Penal, Committal, Bench, summons etc

Pocaide

Sorry, search warrant

keano007

Pocaide wrote: »

Sorry, search warrant

I think I'd need more information to answer this question. I'd like to know where your coming from.

Different warrants have different provisions. i.e a drugs warrant, valid for 1 month, theft - 7 days.

As regards when its executed, when the police come and knock on your door and search the premises it would have to be endorsed as being executed

source

keano007 wrote: »

Pocaide wrote: »

Sorry, search warrant

I think I'd need more information to answer this question. I'd like to know where your coming from.

Different warrants have different provisions. i.e a drugs warrant, valid for 1 month, theft - 7 days.

As regards when its executed, when the police come and knock on your door and search the premises it would have to be endorsed as being executed

Just to add to this, certain warrants says 'any time or times between *date and *date.' so that warrant can be used more than once within the time period.

Can't remember which.

keano007

source wrote: »

keano007 wrote: »

Pocaide wrote: »

Sorry, search warrant

I think I'd need more information to answer this question. I'd like to know where your coming from.

Different warrants have different provisions. i.e a drugs warrant, valid for 1 month, theft - 7 days.

As regards when its executed, when the police come and knock on your door and search the premises it would have to be endorsed as being executed

Just to add to this, certain warrants says 'any time or times between *date and *date.' so that warrant can be used more than once within the time period.

Can't remember which.

That is true, An example would be a Section 26 of the Misuse of Drugs Act 1977, anytime times within a month. The legislation provides that the warrant can used many times in the month. However, this is never done and a new warrant is always applied for.

Pocaide

Warrant has the incorrect address on it was produced by the Garda

MagicSean

A warrant is executed if the search is conducted. A mistake in the address doesn't necessarily invalidate it.

Pocaide

but what if the warrant is produced

Corruptable

Pocaide wrote: »

but what if the warrant is produced

Don't understand stand you. However, what Sean has said is right. If you didn't raise the issue of the defect when the warrant was shown to you, then it's not necessarily invalid as it would be deemed to have been effective (like a error in a court summons but the person still turns up at right time and place).

It would be at the Judge's discretion as to whether the evidence recovered by the Garda is admissible or inadmissible, taking account of other factors such as "extraordinary excusing circumstances" and whether the alleged violation of a constitutional right (the inviolability of the dwelling) was deliberate or merely accidental.

The Judge can consider:

1. Was the illegal action intentional or unintentional?
2. If intentional was it the result of an ad hoc decision or does it represent a settled or deliberate policy?
3. Was the illegality of a trivial and technical nature or was it a serious invasion of important rights, the recurrence of which would involve a real danger to necessary freedom?
4. Were there circumstances of urgency or emergency which provide some excuse for the action?

A very good case on the issue is DPP v O'Brien (1965) involving the wrong street name on a search warrant.

Note: If this is more than a hypothetical situation, I'd seek out a solicitor as with the right representation things could be made clearer. Surely, if a real situation, you can afford a solicitor if you could afford whatever it was that AGS was searching for.