Grounds for Search Warrant: guards arrived at my house with a SWarrant for drugs

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Dom

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Last night the guards arrived at my house with a search warrant for drugs.

There was nine of them plus a sniffer dog. I asked on what grounds did they have the warrant: to which they replied reliable information - they didn't act on rumours! I said but you are acting on a rumour as you will find nothing here, which was the case. I am going to a solicitor this morning to see where I stand.

Can anyone lead me in the right direction?

Thanks for your help
 
Re: Grounds for Search Warrant

The power to seek and grant search warrants is contained in the Misuse of Drugs Act 1977.

Search warrants. 26.—(1) If a Justice of the District Court or a Peace Commissioner is satisfied by information on oath of a member of the Garda Síochána that there is reasonable ground for suspecting that—
[GA]( a ) a person is in possession in contravention of this Act on any premises of a controlled drug, a forged prescription or a duly issued prescription which has been wrongfully altered and that such drug or prescription is on a particular premises, or
[GA]( b ) a document directly or indirectly relating to, or connected with, a transaction or dealing which was, or an intended transaction or dealing which would if carried out be, an offence under this Act, or in the case of a transaction or dealing carried out or intended to be carried out in a place outside the State, an offence against a provision of a corresponding law within the meaning of section 20 of this Act and in force in that place, is in the possession of a person on any premises,
[GA]such Justice or Commissioner may issue a search warrant mentioned in subsection (2) of this section.
[GA](2) A search warrant issued under this section shall be expressed and operate to authorise a named member of the Garda Síochána, accompanied by such other members of the Garda Síochána as may be necessary, at any time or times within one month of the date of issue of the warrant, to enter if need be by force the premises named in the warrant, to search the premises and any persons found therein, to examine any substance or article found therein, to inspect any book, record or other document found therein and, if there is reasonable ground for suspecting that an offence is being or has been committed under this Act in relation to a substance or article found on the premises or that a document so found is a document mentioned in subsection (1) (b) of this section or is a record or other document which the member has cause to believe to be a document which may be required as evidence in proceedings for an offence under this Act, to seize and detain the substance, article or document, as the case may be.
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Go to one of the criminal practices. Where are you living/working?
 
Re: Grounds for Search Warrant

Is there anyone else living in your house that might have had drugs at some stage?
 
Re: Grounds for Search Warrant

The [broken link removed] and IndyMedia have information about your rights in relation to criminal justice and how to deal with situations such as the one that you mention.
 
Re: Grounds for Search Warrant

Petermack said:
Who exactly has the authority to issue a search warrant ?. I know from speaking to some friends of mine who are Gardai that at times thay get a peace commissioner to sign the search warrant but surely a peace commissioner signing off on a search warrant would not hold too much legal standing if the validity of the search warrant was to be challenged in the courts?
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Unless the peace commissioner wasn't a peace commissioner at all. It is really only a rubberstamping exercise. What matters is what the garda believed.
 
Re: Grounds for Search Warrant

Stifster said:
Unless the peace commissioner wasn't a peace commissioner at all. It is really only a rubberstamping exercise. What matters is what the garda believed.
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Slightly OT, but isn't there another "warrant" of sorts (can't remember the Latin term) that can allow the gardaí to search a premises with even less reason/cause than a 'normal' warrant? (Might only apply to counterfeiting/intellectual property or something though)
 
Re: Grounds for Search Warrant

Caveat - you're probably thinking of an Anton Piller order - it's used to prevent someone destroying incriminating evidence but there has to be strong evidence, not less reason/cause.
 
Re: Grounds for Search Warrant

I went to solicitor yesterday and he is going to do some research for me. I also went to the Garda Station and I met the Sergeant who had applied for the warrant. I was told that they don't act on rumours but on reliable information. I maintained that all they had was rumour as the search yielded nothing. I offered to do a drug test. The Sergeant said they would investigate their source of information but obviously wouldn't tell me who it was. Is there anyways that I can get this information as this would be a good starting point to squash these rumours.
My mother and son were in the house and neither would be into drugs. The warrant was for me.
 
Re: Grounds for Search Warrant

you can go to the district court and obtain a copy of the information which is in writing that the sergt made. this will show you what the judge based his decision to issue the warrant. peace commissioners do not sign search warrants anymore.
 
Re: Grounds for Search Warrant

Thanks for that. My solicitor has suggested making a complaint to the Garda Ombudsman on the grounds that they were acting on "malicious rumours" and not "reliable information" as they have suggested. Would this be an advisable approach?
 
Re: Grounds for Search Warrant

Get a copy of the warrant from the court.

Make a complaint to GSOC by all means. But you may not get the result you are after.
 
Re: Grounds for Search Warrant

taponavillus said:
you can go to the district court and obtain a copy of the information which is in writing that the sergt made. this will show you what the judge based his decision to issue the warrant. peace commissioners do not sign search warrants anymore.
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they do my friend.........they are used moreso during the hours where judges are not available.
 
Re: Grounds for Search Warrant

AFAIK what constitutes reasonable grounds for the issue of a search warrant is often stated to be "information from a confidential source which has previously proven reliable." Certainly that was the practice in the 90s - so you would not glean much info from the warrant or the grounding application - Of course it is open to the Judge/peace commissioner to ask questions. If I was in your position and the Guards repeated that they only act on reliable info I think I would be quite upset. I would want some inquiry as to why this 'reliable information' was not reliable in this instance and some form of apology.
 
Re: Grounds for Search Warrant

Askar said:
If I was in your position and the Guards repeated that they only act on reliable info I think I would be quite upset. I would want some inquiry as to why this 'reliable information' was not reliable in this instance and some form of apology.
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In which case a GSOC complaint is the way to go surely?
 
Re: Grounds for Search Warrant

Daffyduck said:
they do my friend.........they are used moreso during the hours where judges are not available.
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I thought only a judge would have the training and education and experience to be trusted with such a action. I thought it was supposed to be easy for any member of the public (including solicitors) to become a peace commissioner or am I totally wrong ?
 
Re: Grounds for Search Warrant

From CitizensInformation:
A Peace Commissioner is an honorary appointment made in Ireland by the Minister for Justice, Equality and Law Reform.

...

There are no qualifying examinations or educational standards required to be appointed as a Peace Commissioner but you are required to be a person of good character. Anyone who has been charged with or convicted of a serious offence will not be considered for appointment. Most Peace Commissioners are well established in their local community. Those being considered for appointment as a Peace Commissioner should be aware that the Minister for Justice reserves the right to verify with the Gardai that you have never been charged or convicted of a serious offence.

...

You may apply to be appointed as a Peace Commissioner on your own behalf, or you may be nominated by another person or you can nominate someone you feel would be suitable for this position. The application for appointment must be in writing and should include some information about the nominee and the reasons why you or they may be suitable for appointment.
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Re: Grounds for Search Warrant

You are quite correct.

They have no legal training and they are often nothing more than a rubber stamp for the Gardaí.
 
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