Is a gaurd allowed to let himself into my home ?

shnoo_shnoo

Hi all got a rather unusual visit last night during a very unsuitable time

What happened:
Between half 10/half 11 a member of the guardi opened our front door and let themselves into our house, Now Myself and the partner were in bed at this moment as it had been a long day and he wasn't feeling great. His brother is staying with us at the moment and was still up and about (hence the door being unlocked) He met the brother in the hall/sitting room doorway and asked did he live here, the brother said no my brother *Sam does, the guard then asked had he been here all day and when the brother said yes, the guard demanded that he see Sam. So the brother came down and got the two of us out of the bed and brought us up to the guard who then asked that he was *Sam kehoe and when Sam said yes the guard kind of looked at him and oh right turned and walked out the door while mumbling at us that someone came running into the apartment block and to lock our door,

Now I really have to question is this a legal thing for a guard to do, he gave us quite the fright and I know that if It had been me on my own in the house I probably would have accidentally clobbered him with a frying pan or something thinking he was an intruder. I don't see how it's fair that he can just open our door as he wishes, my own mother wouldn't do that.

January

Did you get his name, number, did you ask him why he was there?

If you didn't it's kind of your word against his that he was there.

shnoo_shnoo

apart from him saying that someone had gone running into the apartment block, all I want to know is whether they are allowed to do that

Mikros

shnoo_shnoo wrote: »

apart from him saying that someone had gone running into the apartment block, all I want to know is whether they are allowed to do that

Generally speaking a Garda cannot enter your home unless they have a valid search warrant or your consent. Article 40.5 of the constitution provides for the inviolability of the home i.e. a citizen's home may not be forcibly entered, except as permitted by law.

The law does provides for a range of circumstances whereby a Guard can enter a dwelling without either consent or a warrant. For example there is a common law power of entry provided in order to terminate an affray or to prevent an occupant from causing serious injury to someone else on the premises. Section 6 of the Criminal Law Act 1997 permits a Garda to enter any premises without warrant in order to effect the arrest of a person who is, or who the member with reasonable cause suspects to be, on the premises.

Like any area with competing rights there is no definitive answer and it all depends on the exact circumstances of the situation.

Sala

How did he know your husband's name? Very odd situation.

Gatling

Sala wrote: »

How did he know your husband's name? Very odd situation.

Don't forget the front door left open in an apartment ,

From the account the guard didn't force entry

Sala

Gatling wrote: »

Don't forget the front door left open in an apartment ,

From the account the guard didn't force entry

Oh I see the brother told him the full name. If he was genuinely following someone suspected of a crime and thought they went into your apartment then yes he would have the right to enter your home to arrest them. I would lock your door.