What would happen if the Gardaí falsely raided my house?

Ten Past Twelve

Would they be liable for damages?

Suppose I was growing some "stuff" in the attic with heat lamps and they caught it on the infra-red camera and snow was melted on the roof and my spark bill was way up.

They raided the house and tore it asunder and broke into the attic only to find .. tropical plants and venus fly traps etc ..

Tom Young

The MDA allows for entry without warrant. Hard
Luck.

john.han

Tom Young wrote: »

The MDA allows for entry without warrant. Hard
Luck.

Does it?

Still wouldn't absolve them of responsibility for damaging property.

Tom Young

Yep, am wrong, it's stop and search actually. Warrant is required usually. The reasonable suspicion point being interesting.

fineso.mom

I don't think the gardai make a habit of damaging property while searching ? Why would they need to 'break into' an attic. Also, the legality of the search does not depend on the outcome. If they've followed procedure but find nothing it doesn't make the search illegal.
Tropical plants in the attic ??? Wouldn't the conservatory be handier

Peregrinus

What fineso.mom said. They won't break in and smash the place up. They'll knock on the door and, when someone answers, show their warrant and ask to be let in. They will only use force if they encounter resistance - in which case, any damage done is the consuquence of an unlawful attempt to resist the guards in the execution of their duties.

wicklowwonder

What actually happens if they pull up floor boards/skerting boards, rip apart mattresses/underside of beds etc. because they suspect dugs/money could be there. Don't find anything, who would be responsible for replacement of items?

sawdoubters

http://www.iccl.ie/entry--search-of-premises-2.html

BRYAN Is Ainm Dom

wicklowwonder wrote: »

What actually happens if they pull up floor boards/skerting boards, rip apart mattresses/underside of beds etc. because they suspect dugs/money could be there. Don't find anything, who would be responsible for replacement of items?

I think you have been watching to many hollywood movies!!. My friends girlfriend is a guard and she said they dont go into houses tearing houses apart.

Santa Cruz

If a genuine mistake has been made by the Gardai contact with the local Superintendent will ensure that cost of repairs will be met by the State. If the drug search is being done properly I would expect the house to get a good rooting unless they have specific information as to where the drugs are hidden.

mcgarrett

Santa Cruz wrote: »

If a genuine mistake has been made by the Gardai contact with the local Superintendent will ensure that cost of repairs will be met by the State. If the drug search is being done properly I would expect the house to get a good rooting unless they have specific information as to where the drugs are hidden.

No he/she won't, you will be immediately referred to the state claims agency.

wicklowwonder

BRYAN Is Ainm Dom wrote: »

I think you have been watching to many hollywood movies!!. My friends girlfriend is a guard and she said they dont go into houses tearing houses apart.

surely under floor boards would be a common enough hiding place as would beds etc.

eoinkildare

State claims agency handle all such matters.

Also, just because illegal items are not found does not make the search a "false" search.

Peregrinus

wicklowwonder wrote: »

surely under floor boards would be a common enough hiding place as would beds etc.

Yes, but it is possible to lift floorboards without doing signficant damage.

A garda search team doesn't rip through the house like a ferret on meths. They can take as much time as they want to do a proper job, including the time to do the job in a way that minimises damage.

wicklowwonder

Peregrinus wrote: »

Yes, but it is possible to lift floorboards without doing signficant damage.

A garda search team doesn't rip through the house like a ferret on meths. They can take as much time as they want to do a proper job, including the time to do the job in a way that minimises damage.

Oh I understand that but I don't imagine they go and put them back down after they finished?

If they do it is awful waste of resources I just wondered who is responsible.