Misuse of Drugs Act 1977

Search warrants.

26

26. (1) If a Justice of the District Court or a Peace Commissioner is satisfied by information on oath of a member of the Garda Síochána F44 [ or if, F45 [ subject to the provisions of subsections (2) and (2A) of section 8 of the Criminal Justice (Drug Trafficking) Act 1996 ] , a member of the Garda S í och á na not below the rank of superintendent is satisfied ] that there is reasonable ground for suspecting that—

( a) a person is in possession in contravention of this Act on any premises of a controlled drug, a forged prescription or a duly issued prescription which has been wrongfully altered and that such drug or prescription is on a particular premises F46 [ or other land ], or

F46 [ ( aa ) opium poppy, a plant of the genus Cannabis or a plant of the genus Erythroxylon is being cultivated contrary to section 17 of this Act on or in any premises or other land, or ]

( b) a document directly or indirectly relating to, or connected with, a transaction or dealing which was, or an intended transaction or dealing which would if carried out be, an offence under this Act, or in the case of a transaction or dealing carried out or intended to be carried out in a place outside the State, an offence against a provision of a corresponding law within the meaning of section 20 of this Act and in force in that place, is in the possession of a person on any premises,

F47 [ such Justice, Commissioner or, as the case may be, member ] may issue a search warrant mentioned in subsection (2) of this section.

F48 [ (2) A search warrant issued under this section shall be expressed and operate to authorise a named member of the Garda S í och á na, accompanied by such other members of the Garda S í och á na and such other persons as may be necessary, at any time or times within one month of the date of issue of the warrant, to enter (if need be by force) the premises or other land named in the warrant, to search such premises or other land and any persons found therein, to examine any substance, article or other thing found thereon or therein, to inspect any book, record or other document found thereon and, if there is reasonable ground for suspecting that an offence is being or has been committed under this Act in relation to a substance, article or other thing found on such premises or other land or that a document so found is a document mentioned in subsection (1) (b) of this section or is a record or other document which the member has reasonable cause to believe to be a document which may be required as evidence in proceedings for an offence under this Act, to seize and detain the substance, article, document or other thing, as the case may be.

(3) Where any premises or other land is entered pursuant to a warrant issued under this section, the member of the Garda S í och á na named in the warrant may do either or both of the following:

( a ) arrest without warrant any person or persons found on such premises or other land for the purpose of searching him or them,

( b ) so arrest any such person or persons and keep him or them, as may be appropriate, under arrest until such time as such of the powers of search or examination as he wishes to exercise pursuant to the warrant have been exercised by him.

(4) In this section

land includes any structure on land;

structure means building, structure or any other thing constructed, erected, placed or made on, in or under any land. ]

Annotations:

Amendments:

F44

Inserted (9.09.1996) by Criminal Justice (Drug Trafficking) Act 1996 (29/1996), s. 8(1)(a), S.I. No. 257 of 1996.

F45

Substituted (25.07.2012) by Criminal Justice (Search Warrants) Act 2012 (33/2012), s. 2, commenced as per s. 4(2).

F46

Inserted (3.08.1984) by Misuse of Drugs Act 1984 (18/1984), s. 13(a) and (b), S.I. No. 205 of 1984.

F47

Substituted (9.09.1996) by Criminal Justice (Drug Trafficking) Act 1996 (29/1996), s. 8(1)(b), S.I. No. 257 of 1996.

F48

Substituted (3.08.1984) by Misuse of Drugs Act 1984 (18/1984), s. 13(c), S.I. No. 205 of 1984.

Modifications (not altering text):

C18

Application of section restricted by Misuse of Drugs (Supervised Injecting Facilities) Act 2017 (7/2017), s. 11, S.I. No. 517 of 2017.

Power of Garda Síochána to enter supervised injecting facility

11. Notwithstanding section 26 of the Act of 1977, a member of An Garda Síochána, whether in uniform or not, or accompanied by such other person as may be necessary, may at any time enter the premises of a supervised injecting facility without a warrant, and there make such inspection, examination, observation and enquiry as he or she may think proper for the prevention or detection of offences under the Misuse of Drugs Acts 1977 to 2016, other than offences, which pursuant to section 10, do not apply to an authorised user.

C19

Application of section restricted (9.09.1996) by Criminal Justice (Drug Trafficking) Act 1996 (29/1996), s. 8(2)-(3), S.I. No. 257 of 1996, as amended (25.07.2012) by Criminal Justice (Search Warrants) Act 2012 (33/2012), s. 3(1), commenced as per s. 4(2), subject to transitional provision in s. 3(2).

Search warrants.

8. ...

(2) A member of the Garda Síochána not below the rank of superintendent shall not issue a search warrant under the said section 26 unless he or she is satisfied—

( a) that the warrant is necessary for the proper investigation of a drug trafficking offence, and

( b) that circumstances of urgency giving rise to the need for the immediate issue of the search warrant would render it impracticable to apply to a judge of the District Court or a Peace Commissioner under the said section 26 for the issue of the warrant.

[(2A) ( a) A member of the Garda Síochána not below the rank of superintendent may issue a search warrant under the said section 26 only if he or she is independent of the investigation of the offence in relation to which the search warrant is being sought.

( b) In this subsection ‘independent of’, in relation to the investigation of an offence, means not being in charge of, or involved in, that investigation.

(2B) A member of the Garda Síochána not below the rank of superintendent who issues a search warrant under the said section 26 shall, either at the time the warrant is issued or as soon as reasonably practicable thereafter, record in writing the grounds on which the warrant was issued, including how he or she was satisfied as to the matters referred to in subsection (2). ]

(3) Notwithstanding subsection (2) of section 26 of the Act of 1977, a search warrant issued by a member of the Garda Síochána not below the rank of superintendent under subsection (1) of that section shall cease to have effect after a period of 24 hours has elapsed from the time of the issue of the warrant.