Gardai: Right to enter your house?

J

Jane

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Just having a discussion about this with some friends. I know that in the States the police have to "ask" for permission to enter your house if they do not possess a warrant.

What's the situation here? I mean, if they think something untoward is happening, can they enter your house without your permission?

The example we were using was if they were called to a house were a party was happening and believed the occupants to be underage. Can the enter the house then?

Thanks !
 
Jane said:
Just having a discussion about this with some friends. I know that in the States the police have to "ask" for permission to enter your house if they do not possess a warrant.

What's the situation here? I mean, if they think something untoward is happening, can they enter your house without your permission?

The example we were using was if they were called to a house were a party was happening and believed the occupants to be underage. Can the enter the house then?

Thanks !
Click to expand...
http://www.citizensinformation.ie/categories/justice/arrests/powers-of-search might be some use as a starter.
 
The exemptions are

  • If they suspect you of an arrestable offence (>5 year max sentence) and see you enter a dwelling they can follow you in, or they have reasonable cause to believe you will abscond before a warrant can be obtained, or you are a suspect (with reasonable cause) and you ordinarily reside there.
  • If you are seen entering a dwelling and have reasonable cause to suspect you of driving causing death or serious injury (hit & run)
  • If they suspect a child is in danger they have extensive powers of entry.


Pretty much any other entry into a dwelling without warrant is unconstitutional.
 
j26 said:
Nope, unless one of the above apply.
Click to expand...
That is a good one so. I had a fire at my house a few years ago. About 6 Gardaí walked straight in thru the front door which was open (firemen were busy going in and out) and straight into my front room. I certainly did not invite them in and they had no warrant. They were very reluctant to leave after I asked them to do so.
 
Jane, if a child is underage in a Private House, what difference does it make ???
 
what did they say to you when they went it? If your front door was wide open maybe there where passing and decided to have a look because they noticed the firemen going in and out.If you have nothing to hide what is the problem.If you feel so strongly about it contact your local garda station and make a complaint!!!
 
What about serving a court summons? I'm thinking if a preson wanted to avoid it being served by refusing to go to the door (say after their partner/parent had answered the knock/bell.
 
I'm assuming it doesn't work like the TV way anyway - i.e. the documents have to only touch you to have been 'served', hence people getting paperwork literally tossed at them?
 
Don't know about that, Caveat, but I heard someone saying that a summons cannot be served in a place of work and also I heard a story of a guy refusing to accept a summons served to him in a pub!

(The funny bit was that is was for a DD charge and the idiot drove away from the pub fifteen minutes later only to be caught again a hundred yards down the road by the same cops lying in wait for him!)
 
SNOWBALL said:
what did they say to you when they went it? If your front door was wide open maybe there where passing and decided to have a look because they noticed the firemen going in and out.If you have nothing to hide what is the problem.If you feel so strongly about it contact your local garda station and make a complaint!!!
Click to expand...
They came out especially. Apparently it is standard procedure with fires. I did make a formal complaint to the super and the matter was resolved to my satisfaction.

Caveat said:
I'm assuming it doesn't work like the TV way anyway - i.e. the documents have to only touch you to have been 'served', hence people getting paperwork literally tossed at them?
Click to expand...
Correct, the documents only have to touch the person concerned. But documents can be left with any adult at the address to be served.
 
they may not be as quick in the future to call to your house if you are robbed considering you made a formal complaint to your local station.Thats just my opinion
 
no just i thought that came in to my head, all job sectors have bad apples but most are good hard working people.
 
SNOWBALL said:
they may not be as quick in the future to call to your house if you are robbed considering you made a formal complaint to your local station.Thats just my opinion
Click to expand...
No need to worry. I am on very good terms with the local super. :) It turned out that the particular members were not from the local district. The super was most concerned by that aspect.

I did have a visit shortly after from the local guys who did knock the open door and asked permission to enter. They were most courteous and helpful with the clean up after the fire.
 
j26 said:
The exemptions are

  • If they suspect you of an arrestable offence (>5 year max sentence) and see you enter a dwelling they can follow you in, or they have reasonable cause to believe you will abscond before a warrant can be obtained, or you are a suspect (with reasonable cause) and you ordinarily reside there.
  • If you are seen entering a dwelling and have reasonable cause to suspect you of driving causing death or serious injury (hit & run)
  • If they suspect a child is in danger they have extensive powers of entry.

Pretty much any other entry into a dwelling without warrant is unconstitutional.
Click to expand...

Interesting. I thought that the gardai also have the right to enter a dwelling when they have reasonable cause to believe that a crime is currently being committed ( an simple example would be if you can hear someone being beaten up or attacked). Is this true ?
 
Thanks for all the replies. I know this is an interesting subject and it's a fact of life that many of us don't really know where we stand when things like this happen.

Time to brush up on our rights, thanks for the link Clubman.
 
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