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

Re: Grounds for Search Warrant

I have went to the Garda Station and again they have said they got the warrent because they had reliable information. I suggested that they have a relook at this information as surely this is now only rumour?. The Sergeant in charge also went on to say that "everyone" was saying that I was a dealer which is completely unfounded. After this I think i will go and make that complaint.
 
Re: Grounds for Search Warrant

I certainly would in your situation. One word of advice, don't make the complaint at the station, contact GSOC direct.

Did you get a look at the warrant at all?
 
Re: Grounds for Search Warrant

I wasn't at the house when they called but my son rang me to let me know. I then spoke to one of the guards on the phone. I made my way back to the house then - took about 25 minutes. I went into the house and they were searching away. I went into the kitchen and spoke to one of the guards and then asked where was the warrent. He said the sergeant had it. The sergeant came in afterwards and showed it to me by placing it in front of nmy face but not letting me hold it. I could see the reason for the warrent was cos they believed there was drugs in "my home" even though it is my mother's house. She was actually in bed when they called and was asleep. They woke her up when they entered her room but never spoke to her or searched her room - they told me later that they didn't think there was drugs in her room. however they seached my son's room thoroughly.
In respose I didn't really take in much of the warrent details - not used to that.
 
Hang on - which is it?
Dom said:
Last night the guards arrived at my house ...
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Dom said:
I could see the reason for the warrent was cos they believed there was drugs in "my home" even though it is my mother's house.
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Also...
Dom said:
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.
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Dom said:
I have went to the Garda Station and again they have said they got the warrent because they had reliable information.
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Why did you visit a second time? Were you expecting a different answer? And was the Sargeant on duty during the search not the same on who applied for the warrant and the one who you met in the station?

And...
Dom said:
Last night the guards arrived at my house with a search warrant for drugs. There was nine of them plus a sniiffer dog.
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Dom said:
She was actually in bed when they called and was asleep. They woke her up when they entered her room ...
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The nine Gardai and one sniffer dog and general commotion one might expect from these didn't wake her up before this? Seems odd...

No offence but some of this just does not add up to me...
 
Re: Grounds for Search Warrant

The judges don't write the warrants, they are standard forms and just have name, address, and suspected illegal drug/weapon etc. All the gards go is get them to sign them.

If there was a judge available at the time the warrant was signed but it was signed by a peace commissioner i.e. it was signed at 3pm by a peace commissioner and not a judge there is supposed to be room for your solicitor to argue about that, what exactly I don't really know but ask your solicitor.

Also on the warrant (on the bottom) there is a
"signed_________
Judge of the district court
assigned to the said district.

Peace commissioner assigned to Dublin & surrounding counties"

If its a peace commissioner warrant and they didn't scribble out the Judge part above, its not valid.

There is also something about the back being "endorsed" its to have a stamp on it of some sort........

Not much use to ya but its good to get at them if your innocent!
 
Re: Grounds for Search Warrant

Clubman
By my house I meant the house that I currently live in. My mother owns the house.

I was replying to Askar, On the night they called they said that they were acting on reliable info and the sergeant repaeated thios when I called to the station and yes that was the same sergeant - what is your reason for asking?

What seems odd? As I stated earlier I was not at the house when they called so I can't quantify the amount of commotion they made.
All nine didn't come into the house, some remained outside. My mother is an alcoholic and was in a drink induced slumber,two guards entered her room, she awoke with one flashing a torch in her face and they then left the room without any conversation being struck up.
Which bit doesn't add up to you clubman. I'm sorry if i'm not as articulate as yourself.

I wrote into this forum in order to get some ideas,help in regards to what I should do. Its not that I don't trust my solicitor ( as you have suggested) but the more info you can gather the better in my humble opinion, and this should enable/assist me in making the correct decision in how to proceed.
 
Re: Grounds for Search Warrant

Dom said:
What seems odd?

...

Which bit doesn't add up to you clubman.
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The bits that I highlighted above obviously.
I wrote into this forum in order to get some ideas,help in regards to what I should do. Its not that I don't trust my solicitor ( as you have suggested) but the more info you can gather the better in my humble opinion, and this should enable/assist me in making the correct decision in how to proceed.
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Fair enough but it seems patently obvious to me that the correct way to proceed if you have a concern is to follow the advice of your solicitor and others here and make a complaint to the GSOC.
 
Re: Grounds for Search Warrant

and just so you know they can use the warrant as many times as they want within 28days
 
Re: Grounds for Search Warrant

That is very poor advice.

They must enforce the warrant within 7 days of issue and they can't keep coming back when it suits them. See DPP v Curtain J.

Peace commisioners do indeed still issue search warrants, my neighbour is one and she regularly issues them. Mostly for drugs too. :eek:
 
Re: Grounds for Search Warrant

taponavillus said:
a peace commissioner cannot sign a searchwarrant any more.case law
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Yes they can, A peace commissioner can issue a search warrant if they are requested to do so by the relevent bodies. The commissioner is required to question the validity of the information received, by the body requesting the warrant. IE Guards.. If the guards simply say.. they have reason to believe that there may be illegal activity.. This is not enough to issue a warrant. The commissioner must see relevent evidence or information backed with co-obberating evidence to issue warrants.

Forgive spelling mistakes!!!
 
Re: Grounds for Search Warrant

once again a peace commissioner cannot sign a search warrant anymore. case stated on same.
 
Re: Grounds for Search Warrant

Care to provide us with a link to the High Court judgement?
 
Re: Grounds for Search Warrant

I think we're missing some information here.

Is your question related to the legality of the Gardai searching your home without you being there?

OR

That neither you nor any of your close associates/relatives have ever been involved in drugs and so it would not be possible for the Gardai to get the necessary information for a warrant to be issued to search a premises you frequent?

OR

The legality of the particular search warrant that was used to search your home?
 
Re: Grounds for Search Warrant

Csirl, I would be going in line with your second statement and how the gardai got "reliable information" when i never dealt in drugs and then they acted on this information. Now people in the locality who don't know me really well think i'm a drug dealer as a consequence.
 
Re: Grounds for Search Warrant

Club Man, I haven't made any complaint yet for the very reason that as someone referred to on another thread it might not be a pleasent experience and that the Gardai can sometimes be a law onto themselves. I don't necessarily want to go "upsetting" them. So therefore I am keeping my options open at present and am not doing to rush into making a decision - I have six months in which to make a complaint. My solicitor is checking out the what/if scenarios.
 
Re: Grounds for Search Warrant

I doubt that the GS can/will hassle somebody just because the go to the GSOC. At least not without serious repercussions. What sort of "what/if" scenarios is your solicitor checking out?!
 
Re: Grounds for Search Warrant

Dom said:
Club Man, I haven't made any complaint yet for the very reason that as someone referred to on another thread it might not be a pleasent experience and that the Gardai can sometimes be a law onto themselves. I don't necessarily want to go "upsetting" them. So therefore I am keeping my options open at present and am not doing to rush into making a decision - I have six months in which to make a complaint. My solicitor is checking out the what/if scenarios.
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Im sorry but if you have absolutely no connection to criminality of any kind and if there is nobody in your house who has any connection to criminals or criminality then you have nothing to fear from the gardaí whatsoever, why do you not want to go 'upsetting them'?. There will be no repercussions on you if you have nothing to hide!
 
Re: Grounds for Search Warrant

ney001, sometimes that is easier said than done. No I do not have a criminal record and i'm not involved with any criminal gangs or their like nor is anyone belong to me. But i'm of the opinion that the gardai stick together and that you daren't cross them as they will be waiting in the long grass for you - they have been known to do it before - why was the GSOC set up in the first place?
 
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