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Dáil Éireann debate -
Thursday, 8 Jun 1995

Vol. 454 No. 2

Written Answers. - Search Warrants.

Peadar Clohessy

Question:

11 Mr. Clohessy asked the Minister for Justice the procedures which apply in the issuing of a search warrant to a member of the Garda Síochána if he or she is acting on information supplied; and if she will make a statement on the matter. [10419/95]

Search warrants for particular purposes are normally issued by district judges or peace commissioners upon sworn information by a member of the Garda Síochána or another authorised person. As a general rule, the granting authority must be satisfied that there are reasonable grounds for suspicion before issuing the warrant. In this regard, reliance must not be placed on a mere assertion by a member of the Garda Síochána or other person that he or she has such ground for suspicion.

It is only when the district judge or peace commissioner has satisfied himself/herself as to the reasonable grounds upon which the warrant is sought that the warrant may issue.
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