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

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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Generally, search warrants are issued by District Court Judges or Peace Commissioners when a Garda makes a statement on oath that he/she knows or has reasonable cause for believing or suspecting that a crime has been or is being committed.

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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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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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Stifster said:

What matters is what the garda believed.

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Dom said:

Would this be an advisable approach?

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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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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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Daffyduck said:

they do my friend.........they are used moreso during the hours where judges are not available.

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

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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.

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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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