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

Entry to Dwelling

  • 22-08-2019 1:50pm
    #1
    Whitecarstones
    Registered Users, Registered Users 2 Posts: 130 ✭✭


    Hi guys,

    When the gardai arrive to your house with a search warrant how soon do they have to show it to you before actually entering said premises?

    Also, what is a dwelling defined as? I know about Art 40.5 and that noone can enter without a warrant, but there is no actual definition?

    Thank you in advance.


Comments

  • #2
    Samuel T. Cogley
    Registered Users, Registered Users 2 Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    AFAIK it's not defined anywhere but a very wide scope is given to it.


  • #3
    GM228
    Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    Samuel T. Cogley wrote: »
    AFAIK it's not defined anywhere but a very wide scope is given to it.

    A dwelling is the family home as a whole to each member of the family living in the home or simply a house or any part of a house as defined in the context of Article 40.5 by the courts, with the exception of gardens, forecourts, premises with commercial activities etc which are not part of the dwelling.


  • #4
    coylemj
    Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    Have they arrived yet?


  • #5
    GM228
    Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    Whitecarstones wrote: »
    When the gardai arrive to your house with a search warrant how soon do they have to show it to you before actually entering said premises?

    The authority to enter and search is valid upon "production if so requested", but only for certain searches, a search warrant under the Misuse of Drugs Act 1977 for example is not invalidated by any failure to produce it - there is no requirement to do so.

    I'll also note there is no requirement for a copy to be furnished to you either for inspection even where production is required.


  • #6
    Whitecarstones
    Registered Users, Registered Users 2 Posts: 130 ✭✭Whitecarstones


    coylemj wrote: »
    Have they arrived yet?

    I don't get it? Lol


  • Advertisement
  • #7
    Whitecarstones
    Registered Users, Registered Users 2 Posts: 130 ✭✭Whitecarstones


    GM228 wrote: »
    A dwelling is the family home as a whole to each member of the family living in the home or simply a house or any part of a house as defined in the context of Article 40.5 by the courts, with the exception of gardens, forecourts, premises with commercial activities etc which are not part of the dwelling.

    Thank you very much for your reply.


Advertisement