Property Damage During A Search

ChippingSodbury

Given that the trial of Richard Satchwell is ongoing and some of the evidence stated plans to demolish an extension in the house, it got me thinking about the costs of reinstatement after an invasive search is carried out.

So, in a hypothetical situation of e.g. a husband and wife living together in a property that is rented. Gardai obtain a search warrant for evidence of wrondoing for something. In the search they dig up floors, knock a couple of walls, damage tiles/ floorcoverings etc.
Who is liable for the reinstatement costs if:
a) Nothing of evidential value is found
b) Evidence is found of the suspected wrongdoing and is possibly attributable to the husband/ wife

If the answer to a) is "tough, sort it out yourselves", what is to stop Gardai obtaining a search warrant on a "known criminal"'s house and pretty much knocking it down while searching for evidence?

MrMusician18

Search warrants authorise the Gardaí to use force to gain entry to a property, if necessary, and the Gardaí have no legal liability to the property owner for the damage caused in forcing entry to the property under a legally executed search warrant. The approach taken by the State Claims Agency in contesting these claims has been upheld in a number of claims brought to Court by property owners.

Short answer: tough ****

Oscar_Madison

https://www.boards.ie/discussion/comment/123440729#Comment_123440729

That’s about gaining entry- the question is about a lot more damage to the house after gaining entry

endofrainbow

I wonder if Fred West sued his local PC Plods?

ChippingSodbury

https://www.boards.ie/discussion/comment/123444740#Comment_123444740

That thought had crossed my mind 😊

Peregrinus

This is what you have house insurance for, peeps. Claim on your insurance and let them chase the State Claims Agency.

LollipopJimmy

My OH used to rent an apartment in Citywest, the door was launched in one night, no knock no nothing and they were surrounded by Guards, turns out they were at the correct number but wrong block.

The damage was covered by Tallaght Garda Station but there were a lot of hoops to go through to get them to pay and that was in the case of a wrong address. Can't imagine it's too easy to get paid if they damage the property on the warrant.

csirl

https://www.boards.ie/discussion/comment/123440729#Comment_123440729

Interested in seeing examples of any cases contested by the SCA. They have a reputation for not contesting and settling out of court.

Marcusm

https://www.boards.ie/discussion/comment/123451832#Comment_123451832

Or do you mean contesting right up to the point of going to court and then settling?

https://www.boards.ie/discussion/comment/123440729#Comment_123440729

I can confirm this is accurate.

My mother's house was once searched by Gardaí after a malicious (and false) complaint was made against one of my siblings. They did quite a lot of damage, including to internal doorframes, damage to flooring and furniture they ripped up / pulled apart as part of their search, etc. They basically wrecked the house.

Though nothing was found and the accusation was later confirmed to be unfounded and malicious, there was no compensation for the damage done or to replace the furniture that was destroyed.

csirl

https://www.boards.ie/discussion/comment/123468123#Comment_123468123

No, the seem to adopt an approach of settling asap. They seem to be allergic to court proceedings!

ChippingSodbury

https://www.boards.ie/discussion/comment/123490802#Comment_123490802

That's pretty shocking

https://www.boards.ie/discussion/comment/123492477#Comment_123492477

It was bloody scary too, while it was happening.

ChippingSodbury

Coincidentally, the Annie McCarrick investigation has just started digging up a garden/ house in Clondalkin that is lived in by a family who the Gardai have stated has no connection whatsoever to the case: it was owned at the time of the disappearance by a suspect in the case.

I wonder how this will pan out? I'm sure the whole garden will be destroyed, maybe parts of the house too. The family possibly have to find temporary accommodation while the search is going on.