Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Dwelling - definition

  • 07-07-2019 2:40pm
    #1
    Cooper89
    Registered Users, Registered Users 2 Posts: 33 ✭


    A mobile home is next to a family home. The inhabitant is the owners son. It is within the curtilage of the house.

    The son lives independently within the mobile home ... cooking, sleeping, eating etc

    Does the law recognise this as a dwelling? If a search warrant was to be executed for the family home including all outhouses would the gardai need a seperate warrant for the mobile home?

    If not, can you think of a legal loophole that would ensure the mobile home would need a seperate warrant.

    Thanks in advance.


Comments

  • #2
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    i take it this mobile home does not have planning permission to be usedf as a dwelling.


  • #3
    Cooper89
    Registered Users, Registered Users 2 Posts: 33 ✭Cooper89


    no. I believe you have up to 9 months before you have to apply for planning permission?


  • #4
    Eric Cartman
    Registered Users, Registered Users 2 Posts: 26,280 ✭✭✭✭Eric Cartman


    did they catch you with a grow op or stash of drugs in the mobile and youre trying to 'beat the case' by it not saying 'outbuildings' or some other crap ?


  • #5
    Cooper89
    Registered Users, Registered Users 2 Posts: 33 ✭Cooper89


    Eric Cartman wrote: »
    did they catch you with a grow op or stash of drugs in the mobile and youre trying to 'beat the case' by it not saying 'outbuildings' or some other crap ?

    nope nothing like that.


  • #6
    banie01
    Registered Users, Registered Users 2 Posts: 17,301 ✭✭✭✭banie01


    Given that a search warrant usually extends to an address and it's curtailage, unless the Mobile home is on a separate land registry folio it would IMO be covered by any warrant issued to the address.
    If the "dwelling" is in the garden of the address warrant is issued for, and is not a separately folio dwelling, it's fair game


  • Advertisement
  • #7
    nuac
    Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Mod
    While the legal definition of "dwelling" is legitimate legal discussion, allowing such discussion here should not suggest that Boards.ie condones any effort to frustrate any presecution or to nullify any search warrant or any legitimate power of entry


  • #8
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    Where is post delivered?


  • #9
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    Are there sperate electric accounts, water meters etc?


  • #10
    blackbox
    Registered Users, Registered Users 2 Posts: 4,710 ✭✭✭blackbox


    What did they find?


  • #11
    Eric Cartman
    Registered Users, Registered Users 2 Posts: 26,280 ✭✭✭✭Eric Cartman


    blackbox wrote: »
    What did they find?

    OP has either

    1) already had a warrant served and trying to get out on a technicality of it not including one of the premises
    2) wants to check if he does for whatever reason having a warrant coming that they cant search one of the buildings
    3) that he knows theres a warrant coming and wants to not have them involve his aul pair / search their house


  • Advertisement
  • #12
    wench
    Registered Users, Registered Users 2 Posts: 1,663 ✭✭✭wench


    OP still nervous since their first thread on this topic in March
    https://www.boards.ie/vbulletin/showthread.php?p=109714697


  • #13
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    The RTA would consider it a separate dwelling if it was let but that won't save the o/p. In order to invalidate a search of the mobile home the o/p would have to show the search was made in deliberate breach of his constitutional rights.


Advertisement