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Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10622
Experience:  Barrister 17 years experience
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I was served a search warrant to my mothers house. 3 Gards

Customer Question

Hi,
I was served a search warrant to my mothers house. 3 Gards and one sgt arrived at the door, my mother opened it and they pushed in stating they had a warrant to search. 3 Gards came up stairs, I asked to see the warrant and they said the sgt had it. They began to search and I went down and asked twice to see the warrant but he kept asking me questions. They siezed electronic equipment and left.
Does this constitute an unlawful search?
Submitted: 2 months ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 2 months ago.

1. On first glance, this does not amount to an unlawful search. This is because there was a search warrant and it was shown to the person, your mother, whose property it related to. So, you would have a difficult job attempting to overturn any evidence obtained in relation to the search. You should realise that although you were an occupier of the property, the Gardai don´t have an obligation to show you the warrant, as the warrant does not relate to property in your ownership. Your mother would have to show the warrant was never shown to her or that there wasn´t a warrant in order that this search be invalid. Be aware that the only purpose for which a warrant must be shown is to appraise the owner or occupier that there was a lawful permit to enter the property. Be aware that there was a recent Supreme Court judgment which has permitted evidence to be admitted even if there was a technical flaw in the warrant. So, the current trend in the jurisprudence is to admit all evidence obtained by the Gardai, if it is relevant.

Expert:  Buachaill replied 2 months ago.

2. For this reason, as there was a valid search warrant, you will have an almost impossible job to exclude evidence obtained in relation to this search.

Expert:  Buachaill replied 2 months ago.

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