Illegal Search by Gardai?

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BoBoBeau

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So, the guards arrived at my house with a search warrant, but no one was home. They say they waited outside for an hour and a half before "letting themselves in" (they miraculously found a spare key stashed for emergencies). My neighbours however, say they saw the cops climb over my back wall to enter through the back door - all while no one was home. I came home to find my door locked - I was unable to enter my own home as they'd locked themselves in and left the key in the lock - I had to knock for them to let me in. I found 4 cops searching my whole house while no one was there. No threat to life, etc etc They then showed me their warrant - now Ive never been presented with a warrant before, so I wasnt sure what to look for, but I do recall that the name on the search warrant was spelled wrongly. I dont recall seeing a date or time on it, but I was a bit stunned, so I could be mistaken on that. Is this search even legal?
 
there are varying search warrants that can be obtained and each has there own stipulations/time frames dor execution etc
Do you know what warrant they had specifically
 
Gardai have a legal entitlement to use reasonable force to execute a search warrant. In this case, you weren't home and you should be glad they didn't kick the door in as they would probably be legally entitled to do.
 
If they found nothing and don’t prosecute, let it go.

If they found something and do prosecute, mount a defence to include reference that the search was illegal owing to the spelling error.

That the Gardai were conducting a search pursuant to a warrant sounds like trouble for you. What were they looking for? (I don’t expect an answer, so please treat as rhetorical)

Get a lawyer.
 
BoBoBeau said:
So, the guards arrived at my house with a search warrant, but no one was home. They say they waited outside for an hour and a half before "letting themselves in" (they miraculously found a spare key stashed for emergencies). My neighbours however, say they saw the cops climb over my back wall to enter through the back door - all while no one was home. I came home to find my door locked - I was unable to enter my own home as they'd locked themselves in and left the key in the lock - I had to knock for them to let me in. I found 4 cops searching my whole house while no one was there. No threat to life, etc etc They then showed me their warrant - now Ive never been presented with a warrant before, so I wasnt sure what to look for, but I do recall that the name on the search warrant was spelled wrongly. I dont recall seeing a date or time on it, but I was a bit stunned, so I could be mistaken on that. Is this search even legal?
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Are you in Ireland and if so, what were they looking for?
 
NoRegretsCoyote said:
If someone is referring to

then it's a "yes".
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The "cops" is what caught my eye, missed the "guards". You're a sharp Coyote. :)
They must have brought in BoBo for a chat, hope they get more out of him/her than we're getting, not answering any questions here.
 
I doubt if a small error in how a name spelt is enough to make a warrant invalid. Eg Eleanor Fitzsymons v Elenor Fitzsimons.

It would be different if the name was entirely incorrect.

In most cases isn't a search warrant for a specific property, so the address would match.
 
peemac said:
I doubt if a small error in how a name spelt is enough to make a warrant invalid. Eg Eleanor Fitzsymons v Elenor Fitzsimons.
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That's what I'd call a major error. In any case, unless BOBO comes back to us we'll never know what the story really is
 
noproblem said:
That's what I'd call a major error. In any case, unless BOBO comes back to us we'll never know what the story really is
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But the warrant will be for a property, so I'd suspect that it's the address is what matters.
 
It's encouraging how eloquent and well written that BOBO is based on his OP- handy when communicating to judges, gardai or his brief.
 
Thirsty said:
I'm still a bit lost. They're words. Is it that people frequently use the incorrect spelling?
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Sorry Thirsty.

I thought you were alluding to the phenomenon of people creating new pronouns for transgender or non-binary individuals.

You know, the “he”, “she”, or “they” stuff.
 
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