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Power of Search

  • 10-06-2008 1:17pm
    #1
    McCrack
    Registered Users, Registered Users 2 Posts: 2,983 ✭✭✭


    This scenario came up in conversation\argument...

    Garda drug search of an occupied hotel room.

    I'm pretty sure that the Gardai do not need a warrant to search an occupied hotel room if they have the hotel's consent to do so. Obviously this cannot extend to the guest's person or their property in the room. An occupied hotel room isn't a "dwelling" for the purposes of the legislation so can they seek the hotel's permission and enter an occupied room and consequently do so?

    Am I right?


Comments

  • #2
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    At a high level yes. There are no restrictions re: Drug searches.


  • #3
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    Court of Criminal Appeal has defined a "dwelling" under the constituion as the place in which a person habitually lives. A hotel room could in rare circumstances constitute a dwelling (ala fawlty towers).

    Even though search of a hotel room is permitted absent a warrant under the constitution, a statute would still need to authorise the gardai to carry out such a search. Under s. 23 of the misuse of drugs act, the most commonly used power of search, it empowers the gardai to without warrant search a person, vehicle, vessel or aircraft. Not a "premises".

    section 26 of the Misuse of drugs act allows gardai to search a "premises" provided they obtain a warrant.


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