Offences Against the State Act, 1939

Search warrants in relation to the commission of offences under this Act or to treason.

29.—(1) Where an officer of the Gárda Síochána not below the rank of chief superintendent is satisfied that there is reasonable ground for believing that documentary evidence of or relating to the commission or intended commission of an offence under any section or sub-section of this Act or any document relating directly or indirectly, to the commission or intended commission of treason is, to be found in any particular building or other place, the said officer may issue to a member of the Gárda Síochána not below the rank of inspector a search warrant in accordance with this section.

(2) A search warrant issued under this section shall be expressed and shall operate to authorise a member of the Gárda Síochána (not below the rank of inspector) named in such warrant together with such other persons (if any) as are named therein and any member of the Gárda Síochána to enter, within one week from the date of such warrant, and if necessary by the use of force, any building or other place named in such warrant and to search the said building or other place, and any person found therein, and to seize any document or thing found in such building or other place or on such person which such member reasonably believes to be evidence of or to relate directly or indirectly to the commission or intended commission of an offence under any section or sub-section of this Act or to the commission or intended commission of treason.

(3) A member of the Gárda Síochána acting under the authority of a search warrant issued under this section may—

(a) demand the name and address of any person found in the building or other place named in such warrant, and

(b) arrest without warrant any such person who refuses to give his name and address, or gives a false name or a false address.

(4) Any document seized under this section may be removed and retained for so long as the Minister for Justice thinks proper, and any other thing so seized may be removed and retained for a period of one month from the date of its seizure, or, if proceedings are commenced within such period for an offence under any section or sub-section of this Act or for treason, until the conclusion of such proceedings, and thereafter the provisions of the Police (Property) Act, 1897, shall, subject to the provisions of this Act in relation to the forfeiture of certain property, apply to the thing so seized in the same manner as that Act applies to property which has come into the possession of the Gárda Síochána in the circumstances mentioned in that Act.

(5) Every person who obstructs or attempts to obstruct any member of the Gárda Síochána or any other person acting under the authority of a search warrant issued under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.