House Entry Garda Warrant

LC2611

Hi There, I don't know where to post my question.

If Gardaī arrive at a private house with a warrant, to search the property with a K9 but there's only a minor present in the house at the time. Can they enter the house without parental permission to carry out a search?

I'd be very grateful if you could advise where I could get an answer. Thanking you in advance.

Spear

Confirm your email address so you can post properly, then I'll move this to a forum that's actually related to the topic instead.

LC2611

@Spear I have confirmed my email address

Spear

And moved accordingly. Bear in mind any kind of case specific legal advice is banned sitewide.

GerardKeating

https://www.boards.ie/discussion/2058286841/house-entry-garda-warrant

Speaking hypotechically, there are a few unknown variables here, the age of the minor being one

A Gardaí might legitimately form a view that the minor is too young to be left alone and get Tusla to take the minor into care, and now they have an empty house which they can search.

For an older minor, the gender might be a factor, several male Gardaí entering a house with a female minor might be unwise, so they might arrange a female Gardaí to be present.

Also, warrents can be issued under various different acts, and different "rules" or conditions can apply. but mostly Gardaí can use force to gain entry to execute a warrent, so permission of the home owner is not required to enter.

Peregrinus

What GerardKeating said.

If you're talking about a seventeen-year old, this is absolutely not an issue. If you're talking about a seven-year old, there's a bigger issue, which is why a seven-year old has been left alone in the house.

In between, it's not going to stop the search proceeding, but the guards will need to deal with the minor with an appropriate degree of sensitivity. If they fail to do that, there might be some basis for a complaint about their handling of the matter, but I don't see that it would affect either the legality of the search or the admissibility of any evidence that the search discloses.

Victor

There was a case in the 1990s, where a Customs officer dipped a parked car for red(?) diesel on the street. Car was occupied by a child. If I'm correct, it was considered legal.

Claw Hammer

https://www.boards.ie/discussion/comment/120331042#Comment_120331042

Did the child live inj the car?

mikethecop

Absolutely they an enter the house with out permission . If its a search warrant for drugs theft or sec 10 (evidence) who's there matters not a jot.

the bigger issue is why there's a child in the house all alone . depending on the age etc. having a child in a house with drugs weapons or a load of stolen stuff is a tusla referral at least and possible additional prosecution

even of nothing was found there could be consequences