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Are you entitled to keep a copy of a warrant

  • 24-07-2020 9:58pm
    #1
    AryaStark
    Registered Users Posts: 656 ✭✭✭


    I am asking for a friend and curious about an incident that happened them.

    Their house was raided by the Garda and they had a warrant to search for drugs. My friend asked for a copy of the warrant and was told they would have to request it from the police station. They were not allowed to photograph it.

    I would have assumed that the guards had to give you a copy of the warrant.

    My friend wasn't arrested and nothing was found. He is worried about going to the station. He was told he could get a copy of the warrant if he visited the station. Or he could apply to the district court for a copy of the information.


Comments

  • #2
    LawBoy2018
    Registered Users, Registered Users 2 Posts: 1,162 ✭✭✭LawBoy2018


    AryaStark wrote: »
    I am asking for a friend and curious about an incident that happened them.

    Their house was raided by the Garda and they had a warrant to search for drugs. My friend asked for a copy of the warrant and was told they would have to request it from the police station. They were not allowed to photograph it.

    I would have assumed that the guards had to give you a copy of the warrant.

    My friend wasn't arrested and nothing was found. He is worried about going to the station. He was told he could get a copy of the warrant if he visited the station. Or he could apply to the district court for a copy of the information.

    Why would he be worried about going to the station? Did he see the warrant? He should have been allowed to photograph it AFAIK if there wasn't a copy, although I'd imagine there very seldomly is tbh. I would be interested to hear from someone with more experience though.

    There's no mention of your friend's situation in the 2012 Act.


  • #3
    AryaStark
    Registered Users Posts: 656 ✭✭✭AryaStark


    LawBoy2018 wrote: »
    Why would he be worried about going to the station? Did he see the warrant? He should have been allowed to photograph it AFAIK if there wasn't a copy, although I'd imagine there very seldomly is tbh. I would be interested to hear from someone with more experience though.

    There's no mention of your friend's situation in the 2012 Act.

    Friend is a big stoner so probably paranoid! Smoker but not a dealer or grower or anything. He said the warrant said about searching under the drugs act or something like that and gave permission to search the house and the garden and any outbuildings.

    I was always under the impression that you got a copy of a warrant (but only from tv!). I am curious if this is the law and the garda was right that they did not have to give a copy and he wasn't allowed to take a picture of the page.

    They searched the house and then left without asking any questions. I think friend might be worried that if he goes into the station he will be questioned.


  • #4
    LawBoy2018
    Registered Users, Registered Users 2 Posts: 1,162 ✭✭✭LawBoy2018


    AryaStark wrote: »
    Friend is a big stoner so probably paranoid! Smoker but not a dealer or grower or anything. He said the warrant said about searching under the drugs act or something like that and gave permission to search the house and the garden and any outbuildings.

    I was always under the impression that you got a copy of a warrant (but only from tv!). I am curious if this is the law and the garda was right that they did not have to give a copy and he wasn't allowed to take a picture of the page.

    They searched the house and then left without asking any questions. I think friend might be worried that if he goes into the station he will be questioned.

    Haha fair enough. He'd be under no obligation to answer any questions. That's strange that they raided his house though? Might they have been watching him for a while? Maybe don't suggest that to him though, with him already being paro lol.


  • #5
    talla10
    Registered Users Posts: 1,125 ✭✭✭talla10


    The Gardaí must show the warrant to the occupants and explain the contents in ordinary language so the occupants understand. As far as I know they do not have to give a copy of the warrant but often would provide a copy for transparency.


  • #6
    AnnaStezia
    Registered Users, Registered Users 2 Posts: 289 ✭✭AnnaStezia


    Would a copy of the search warrant be discoverable under a FoI application ?


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  • #7
    Turner
    Moderators, Society & Culture Moderators Posts: 3,935 Mod ✭✭✭✭Turner


    Just go down and ask for a copy of the warrant.

    The cops have nothing to fear by giving you a copy of the warrant. It was a Judge (or possibly a PC) who issued it


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