Gardai: Right to enter your house?

bond-007 said:
It would be still illegal for that underage child to consume alcohol.
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Jane didnt mention anything about the underage child consuming alcohol she only said that they were having a party. Does alcohol automatically have to be associated with a party?

And if the child was consuming alcohol then its a matter for the Gardai to breathlise the child.
 
all very interesting but if you are not breaking the law then you should have nothing to worry about.Im sure they can enter a house if they have reason to believe there is dugs involved or activities that are illegal.At the end of the day all they have to do is get a warrant signed by seargent and enter your premises.I dont see what the big issue is here about who is allowed and who is not
 

You obviously don't care much about one's civil liberties then - I, as a law abiding tax paying citizen, would rather not have the gardai enter my house uninvited or perform any other kind of illegal search on my person or possessions, with or without anything to hide.

I have great respect for the gardai and the job they do and I believe the majority of them are excellent upstanding and law abiding - however, not all of them are and I would not want to give anyone carte blanche to enter my property at any time without the proper warrants.

In my opinion bond-007 (who knows his law afaik!) did the correct thing by pointing out the illegality of the gardai's actions.
 
In my younger days, we had the guards called on us a few times by our neighbour. They always asked if they could come in and have a look around and we never had any problem letting them as there was nothing untoward going on....
 
MsGinger said:
In my younger days, we had the guards called on us a few times by our neighbour. They always asked if they could come in and have a look around and we never had any problem letting them as there was nothing untoward going on....
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That is different - the gardai were invited into the house. I have always invited the gardai into my house anytime they have called (which to be honest hasn't been that often) - however, they do not have the right to walk in uninvited without a warrant and that is the way it should be.
 
Well if they believe someone is in danger or a crime is being commited they can enter ,im sure they are not going to waste time getting a warrant if someones life is in danger.Anyhow do you think a garda can be bothered going in to house unless he has a valid reason for it?.He/She does not enter anyones house just for the fun of it.
 

That falls into the "extraordinary excusing circumstances" exemption set out by the courts. Unless such a breach of a persons constitutional right is justified by the circumstances, any evidence a garda obtains while illegally in a dwelling is excluded as unconstitutionally obtained, so while they might stop the crime, they won't be able to use the evidence they got while in there to prosecute.
 
yes but the most important factor is to stop the crime in process they can deal with prosecution later.No point in waiting to get a warrant and the victim could be badly injured or even dead.
 
SNOWBALL said:
yes but the most important factor is to stop the crime in process they can deal with prosecution later.No point in waiting to get a warrant and the victim could be badly injured or even dead.
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True, but the fact that the evidence is excluded means that the gardai will think carefully before entering a property, which is the intention of the rule. IMO that's fair as they can go in if needs be, but only in exceptional circumstances.
 
SNOWBALL said:
Anyhow do you think a garda can be bothered going in to house unless he has a valid reason for it?.He/She does not enter anyones house just for the fun of it.
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You are assuming that all gardai are 100% honest and 100% law abiding - I would say that the vast vast majority are but not all (as recent evidence has shown) - the laws of illegal search are there to protect us, in part, from this minority.
 
A number of posts have been deleted because they were veering into personalised attacks and/or letting off steam territory. Please keep it civil.
 
sort of off topic but I believe customs can also enter your house w/o a warrant and in more extensive circumstances will try and find link
 
picene said:
sort of off topic but I believe customs can also enter your house w/o a warrant and in more extensive circumstances will try and find link
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Indeed - but afaik Customs cannot stop you on the road if you are driving - only the Gardai can do that. I wonder can anyone clarify it that is correct?
 
guards can also enter a house if they suspect someone in there is suffering from a mental illness and requires assessment by a psychiatrist, the guards have the power to bring that person to a psych ward for assessmnet
 
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