Search Warrant

LegacyUser

Hello, Its just over 2 years ago now since I posted the above title. Basically what happened was that my house was searched by gardaí and a normal guy whom I worked with once. This guy was not a gardaí by any means. Basically is their anyway that this man could be allowed to search my house? He checked everywhere, my accountants records, my computer, our wardrobes, everywhere? Is their any power the guards could of have given him? Immediatly we went to the super intendatant about them matter and he was flabber gasted. Its been over 2 years now and I have heard nothing. Im just bringing this back up to see maybe this time their maybe some law guru people out their whom may be able to help me out? Thanks

Huggles

Annoymous wrote:

Hello, Its just over 2 years ago now since I posted the above title. Basically what happened was that my house was searched by gardaí and a normal guy whom I worked with once. This guy was not a gardaí by any means. Basically is their anyway that this man could be allowed to search my house? He checked everywhere, my accountants records, my computer, our wardrobes, everywhere? Is their any power tha guards could of have given him? Immediatly we went to the super intendatant about them matter and he was flabber gasted. Its been over 2 years now and I have heard nothing. Im just bringing this back up to see maybe this time their maybe some law guru people out their whom may be able to help me out? Thanks

Your saying your house was searched by the gardai and some random bloke......right ok. Odd.

I think your a troll, but if not, you will probably get a better response over in the legal forum and it would also be clearer if you correct your typos

Victor

I remember the thread. You should really talk to a solicitor.

The Garda may get witnesses to identify things for search / seizure.

anthony4335

I would image that all people involved with the search would have to identify themselfs for the purpose of the warrent ,and stated the reason for the search which should also be on the copy of the warrent. he might have been technical ,customs ,plain cloths garda ,or some other department with a reason for the search. It cannot be any person, off the street ,as this is a violation of your rights to privacy. Garda have no reason to have a witness, that is why they have more than one perform the seach, however you were intiitled to a witness.

seamus

Go to a solicitor. Afaik, it is possible for the Gardai to bring an "expert" with them if they are searching for specific information, but that would have to be specifically expressed on the search warrant - they couldn't just bring anyone along and claim they were an expert.

So yeah, go get some legal advice.

LegacyUser

Most warrants are worded like this


the court may issue a warrant authorising a member of the Garda Síochána, accompanied by such other members of the Garda Síochána or other person or persons as that member thinks proper, at any time or times within 28 days from the date of the issue of the warrant, on production, where requested, of that warrant, to enter and search the premises or place specified in the warrant using reasonable force where necessary, and to do all or any of the following acts—

keizer

most warrants are worded like this -


the court may issue a warrant authorising a member of the Garda Síochána, accompanied by such other members of the Garda Síochána or other person or persons as that member thinks proper, at any time or times within 28 days from the date of the issue of the warrant, on production, where requested, of that warrant, to enter and search the premises or place specified in the warrant using reasonable force where necessary, and to do all or any of the following acts—

dermot_sheehan

section 48 Criminal Justice (Fraud and Theft Offences) Act 2001 (assuming the warrant was issued for a suspected offence under this act)
http://www.irishstatutebook.ie/ZZA50Y2001S48.html

1) This section applies to an offence under any provision of this Act for which a person of full age and capacity and not previously convicted may be punished by imprisonment for a term of five years or by a more severe penalty and to an attempt to commit any such offence.

(2) A judge of the District Court, on hearing evidence on oath given by a member of the Garda Síochána, may, if he or she is satisfied that there are reasonable grounds for suspecting that evidence of, or relating to the commission of, an offence to which this section applies is to be found in any place, issue a warrant for the search of that place and any persons found there.

(3) A warrant under this section shall be expressed and shall operate to authorise a named member of the Garda Síochána, alone or accompanied by such other persons as may be necessary—

(a) to enter, within 7 days from the date of issuing of the warrant (if necessary by the use of reasonable force), the place named in the warrant,

(b) to search it and any persons found there,

(c) to examine, seize and retain any thing found there, or in the possession of a person present there at the time of the search, which the member reasonably believes to be evidence of or relating to the commission of an offence to which this section applies, and

(d) to take any other steps which may appear to the member to be necessary for preserving any such thing and preventing interference with it.

(4) The authority conferred by subsection (3)(c) to seize and retain any thing includes, in the case of a document or record, authority—

(a) to make and retain a copy of the document or record, and

(b) where necessary, to seize and, for as long as necessary, retain any computer or other storage medium in which any record is kept.

(5) A member of the Garda Síochána acting under the authority of a warrant under this section may—

(a) operate any computer at the place which is being searched or cause any such computer to be operated by a person accompanying the member for that purpose, and

(b) require any person at that place who appears to the member to have lawful access to the information in any such computer—

(i) to give to the member any password necessary to operate it,

(ii) otherwise to enable the member to examine the information accessible by the computer in a form in which the information is visible and legible, or

(iii) to produce the information in a form in which it can be removed and in which it is, or can be made, visible and legible.

(6) Where a member of the Garda Síochána has entered premises in the execution of a warrant issued under this section, he may seize and retain any material, other than items subject to legal privilege, which is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purpose of which the warrant was issued.

(7) The power to issue a warrant under this section is in addition to and not in substitution for any other power to issue a warrant for the search of any place or person.

(8) In this section, unless the context otherwise requires—

"commission", in relation to an offence, includes an attempt to commit the offence;

"computer at the place which is being searched" includes any other computer, whether at that place or at any other place, which is lawfully accessible by means of that computer;

"place" includes a dwelling;

"thing" includes an instrument (within the meaning of Part 4), a copy of such instrument, a document or a record.

Santa Claus

You say the guy who accompanied the Gardai worked with you ?

Without knowing anything about your situation, the only reason I could think that someone from your work would accompany the gardai is IF there was an allegation of theft from the workplace and he was there to identify anything to the gardai that he believed had been taken.
HOWEVER, he would have no right to search himself....he would just be there to go "Yes Officer, that computer belongs to our company etc"

As I say I'm only assuming an allegation of theft as that's the only reason why a colleague would turn up with the gardai.

LegacyUser

Thank you everyone for your brilliant replies. First of all Gooner im no troll. I am a member of these forums with over 4,000 posts. I will be posting in this thread for obvious reasons. Santa Claus you are almost correct. This guy was not a plain clothes officer. He worked with me. He sat down in front of my pc for 25 minutes without any other members of the gardaí on his own going through it. I know this because i stood behind him. The search was nothing to do with my pc, nor had it anything to do with my accountants records. He also opened up factory sealed box's of stock which I held. Can I do anything legally about this man doing this to my house, and also the Gardai involved. I have heard nothing in over 2 years about the matter, is this normal? They did take alot items from my house, but they were all mine, they just thought it were suspicious and brought them on.

Huggles

Annoymous wrote:

Thank you everyone for your brilliant replies. First of all Gooner im no troll. I am a member of these forums with over 4,000 posts. I will be posting in this thread for obvious reasons. Santa Claus you are almost correct. This guy was not a plain clothes officer. He worked with me. He sat down in front of my pc for 25 minutes without any other members of the gardaí on his own going through it. I know this because i stood behind him. The search was nothing to do with my pc, nor had it anything to do with my accountants records. He also opened up factory sealed box's of stock which I held. Can I do anything legally about this man doing this to my house, and also the Gardai involved. I have heard nothing in over 2 years about the matter, is this normal? They did take alot items from my house, but they were all mine, they just thought it were suspicious and brought them on.

Apologies then OP it just sounded a bit too mad and made up to be real.

Two years seems a little excessive to bring this up again?

I hope you get matters resolved quickly.

ferdi

OP, did you get busted for anything? what was the reason for the search? have you even been charges?! i would get on the phone to my brief and get on to the garda complains and my local td and joe duffy! your not expalining the situation very well....so these guards and this guy from your work come to your house and search it without any explaination and you have waited 2 years without word???:eek: Get on the bleedin case man!!!

Huggles

ferdi wrote:

OP, did you get busted for anything? what was the reason for the search? have you even been charges?! i would get on the phone to my brief and get on to the garda complains and my local td and joe duffy! your not expalining the situation very well....so these guards and this guy from your work come to your house and search it without any explaination and you have waited 2 years without word???:eek: Get on the bleedin case man!!!

Thank You!!! I don't understand why now after 2 years...

Santa Claus

Annoymous wrote:

Santa Claus you are almost correct. This guy was not a plain clothes officer. He worked with me.

Firstly was this ever raised with you by your employer or did this colleague just turn up ?
If you were still in the employment of your employer at the time and they had never mentioned this to you then I could be wrong but it might be a matter for an employment tribunal

Annoymous wrote:

He sat down in front of my pc for 25 minutes without any other members of the gardaí on his own going through it. I know this because i stood behind him.
The search was nothing to do with my pc, nor had it anything to do with my accountants records.

The Gardai are entitled to remove evidence or bring along a civilian specialist to check a PC but your colleague should not have been allowed near it. The most obvious thing is a conflict of interest..He could have planted incriminating files on your PC !!!

Annoymous wrote:

He also opened up factory sealed box's of stock which I held. Can I do anything legally about this man doing this to my house, and also the Gardai involved.

I'm assuming the stock belonged to your employer and was being stored in your house, so once they could prove it was their property then AFAIK he was entitled to open it in the presence of the gardai.

Annoymous wrote:

I have heard nothing in over 2 years about the matter, is this normal? They did take alot items from my house, but they were all mine, they just thought it were suspicious and brought them on.

You mentioned they took stuff from your house....was this just the stock belongoing to your employer or did they also take items that belonged to you ?
If they took things belonging to you then you should have received them back if no charges in which they were required as evidence were made !

Victor

OP, is this the thread? http://boards.ie/vbulletin/showthread.php?t=164612&highlight=Warrant

Black Swan

See a solicitor who can provide you with qualified legal help.

leeroybrown

I just about remember reading the original thread too. The circumstances did seem a little wierd. The Garda Super Intendatant probably just thought that letting your complaint/enquiry die was the simplest way to get rid of it. In the absence of a formal complaint and given the internal structures of the Gardai this may well have been the far easier way to deal with it.

I doubt you'll have much luck having something done about it at this stage but if you want to do so talk to a solicitor as advised above.

DublinWriter

Annoymous wrote:

The search was nothing to do with my pc, nor had it anything to do with my accountants records. He also opened up factory sealed box's of stock which I held. Can I do anything legally about this man doing this to my house, and also the Gardai involved.

This gets weirder and weirder. Standard procedure by any police force, including our own, is to confiscate a PC and *clone* the HD before investigating data. The civilian coming in and switching on your PC in your house and going through your files sounds totally off the wall to me.

Do you know what the search was in relation to, and more importantly, were you shown the search warrant, which should have been signed by a judge?

LegacyUser

Maybe, is it not better to leave it alone - to let sleeping dogs lie ... ?

One just might be inviting trouble through the door.

LegacyUser

Yes Victor that was the correct thread. Nortside thing is I done nothing, so im not worried about inviting trouble to the door. Straight after the search I went to the superintendant about the matter whom could not believe what i was telling him. He said that as soon as I left he was going straight to the detectives to speak to them. He retired shortly afterwards. I have indeed gone to 2 solicitors whom were dumb founded, they said they could do nothing because no charges were brought against me as of yet. The detective, when he searched the house said to me "there will be a day out". A day out in court he was referring to. He said that he "would have it wrapped up in a week", its over 2 years now. He also called me into the station shortly after I went to the superintendant. The only thing he was questioning me about was did I go to a solicitor about the matter, and what did i say to the solicitor, and what did the solicitor say to me. This I found out of place, amongst other things.

the_syco

Annoymous wrote:

He said that as soon as I left he was going straight to the detectives to speak to them. He retired shortly afterwards. I have indeed gone to 2 solicitors whom were dumb founded, they said they could do nothing because no charges were brought against me as of yet.

Retired? Sounds dodgy. About the 2 solicitors: get them to retrieve your stuff, why its still being held, by whom, why, and when can you get it back? Should start something, tbh.

Annoymous wrote:

He also called me into the station shortly after I went to the superintendant. The only thing he was questioning me about was did I go to a solicitor about the matter, and what did i say to the solicitor, and what did the solicitor say to me. This I found out of place, amongst other things.

Jeebus. This almost sounds like intimidation, tbh! That, or he fears something. Maybe he f*cked up?

ircoha

Leave sleeping dogs lie 100%.

leeroybrown

You could ask your solicitor about the possibility of making an official complaint but I don't see you getting very far while there is no independent ombudsman, especially given how long ago this was.

I would also guess that your property won't be retreivable given how long ago this was and the way the whole thing was conducted. I have a friend who tried to retreive some property confiscated in a search (just a search with no charges, etc) and was unsuccessful despite multiple efforts.

I normally like to see things like this get sorted out properly but you might be better off letting it lie.

The_Conductor

Unfortunately I would have to concur- while you probably are extremely annoyed over what happened, it is entirely unlikely that it would ever be resolved to your satisfaction should you proceed down the complaint route. In my opinion you most probably are best to let sleeping dogs lie......