Search warrant Invalid ???

Preziosa

Hi,
Is a search warrant valid if it has not been signed or dated ?

Details

Garda could not get judge to for warrant so Garda contacts peace commissioner, he then swore on information to obtain a warrant under the relevant section to search an address, the peace commissioner signs this.

But the search warrant itself was not signed or dated.

As far as I can make out the peace commissioner signed the information on which the guard gave him on oat but neglected to sign and date the search warrant itself which to my understanding the search carried out was unlawful.

Would I be correct in saying this.

Thanks in advance :-)

foxatron

Did they show you the original search warrant and you saw it wasnt signed or did you just get an unsigned copy of the search warrant?

Preziosa

foxatron wrote: »

Did they show you the original search warrant and you saw it wasnt signed or did you just get an unsigned copy of the search warrant?

Hi Foxatron,

It's in a book of evidence, the "information" part is signed outlining why the guard is seeking the warrant and it's witnessed by the peace commissioner, but the warrant is not signed or dated

lifeandtimes

Get a solicitor.

It could definitely be argued in court as inadmissible

foxatron

Well they are lpoking to prosecute so. A good solicitor is your best bet. Depending on the judge you probably have a strong argument if the original warrant isn't signed. On a technicality. I hope u didnt do anything too bad!

Preziosa

lifeandtimes wrote: »

Get a solicitor.

It could definitely be argued in court as inadmissible

Thanks I'm seeing one Monday

Preziosa

foxatron wrote: »

Well they are lpoking to prosecute so. A good solicitor is your best bet. Depending on the judge you probably have a strong argument if the original warrant isn't signed. On a technicality. I hope u didnt do anything too bad!

Thanks I'm getting one Monday

Nothing bad at all small cottage business without a license is basically what was wrong