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Damage executing search warrant

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  • 17-04-2019 4:51pm
    #1
    Gasherbraun
    Registered Users Posts: 312 ✭✭


    Hi.

    Apologies if this is the wrong forum.

    Garda have forced entry to a property we have rented out in order to search it on a warrant. The door needs replacement and I was wondering if there is any way to claim compensation from the garda.

    Our tenant states he provided keys to them and it also appears he may be innocent of any crime at this point.

    Any guidance would be gratefully received.


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    #2
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    In my head I always assumed that the damage caused during the execution of any warrant would be remedied by the state.

    But apparently the state refuses to do this on the basis that "it could lead to a floodgate of cases".

    However, there is precedent here:

    https://www.independent.ie/irish-news/courts/innocent-dance-teacher-awarded-compensation-for-damage-caused-during-garda-raid-35033283.html

    The "how" I'm not entirely sure, but a solicitor should be able to provide guidance on lodging a claim for damages against the Minister for Justice.


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    #3
    Caranica
    Registered Users Posts: 10,022 ✭✭✭✭Caranica


    Two houses near me were raided by the Gardai a few years ago thanks to nightmare tenants. Both doors wrecked, Gardai paid for one to be replaced but not the other.


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    #4
    Lmklad
    Registered Users Posts: 433 ✭✭Lmklad


    Gasherbraun wrote: »
    Hi.

    Apologies if this is the wrong forum.

    Garda have forced entry to a property we have rented out in order to search it on a warrant. The door needs replacement and I was wondering if there is any way to claim compensation from the garda.

    Our tenant states he provided keys to them and it also appears he may be innocent of any crime at this point.

    Any guidance would be gratefully received.

    Make an appointment to see the local superintendent. That is the person who would ultimately sign off on replacing damaged property


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    #5
    Mr. Incognito
    Registered Users Posts: 9,798 ✭✭✭Mr. Incognito


    Contact a competent solicitor

    If there is any deficiency in the warrant they will certainly pay for a new door rather than that solicitor bringing any such defect to the accused.


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    #6
    Lmklad
    Registered Users Posts: 433 ✭✭Lmklad


    Mr. Incognito wrote: »
    Contact a competent solicitor

    If there is any deficiency in the warrant they will certainly pay for a new door rather than that solicitor bringing any such defect to the accused.

    I’d still go with the Super first. It’s free. If unsatisfacted then looo at spending extra dosh on a solicitor


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    #7
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Not legal fact here by any means of course, just anecdotal as conveyed to me by a former workmate who told me his personal experience.

    Basically if the guards find something they shouldn't, in this guy's case it was drugs, it's your problem if they go pulling up floorboards or crowbarring your immersion tank out from the wall in order to find them. The argument being you could (and really should) have handed over the stash when they asked you for it, therefore it's kinda your own fault for making them go look for it.

    If on the other hand they find absolutely nothing incriminating then they've searched the home of an innocent person who should not be left out of pocket for this.


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    #8
    Peintre Celebre
    Registered Users Posts: 2,484 ✭✭✭Peintre Celebre


    Mr. Incognito wrote: »
    Contact a competent solicitor

    If there is any deficiency in the warrant they will certainly pay for a new door rather than that solicitor bringing any such defect to the accused.

    This isn't an episode of law and order

    Mod
    Pls stay on topic


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