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European Arrest Warrant Act 2003

Searches for purposes of European arrest warrant.

25.—(1) A member of the Garda Síochána, may, for the purposes of performing functions under section 13 or 14, enter any place (if necessary by the use of reasonable force) and search that place, if he or she has reasonable grounds for believing that a person in respect of whom a European arrest warrant has been issued is to be found at that place.

(2) Where a member of the Garda Síochána enters a place under subsection (1), he or she may search that place and any person found at that place, and may seize anything found at that place or anything found in the possession of a person present at that place at the time of the search that the said member believes to be evidence of, or relating to, an offence specified in a European arrest warrant, or to be property obtained or received at any time (whether before or after the passing of this Act) as a result of or in connection with the commission of that offence.

(3) Subject to subsection (4), a member of the Garda Síochána, who has reasonable grounds for believing that evidence of, or relating to, an offence specified in a European arrest warrant, or property obtained or received at any time (whether before or after the passing of this Act) as a result of, or in connection with, the commission of that offence is to be found at any place, may enter that place (if necessary by the use of reasonable force) and search that place and any person found at that place, and may seize anything found at that place or anything found in the possession of a person present at that place at the time of the search that the member believes to be such evidence or property.

(4) (a) A member of the Garda Síochána shall not enter a dwelling under subsection (3), other than—

(i) with the consent of the occupier, or

(ii) in accordance with a warrant issued under paragraph (b).

(b) On the application of a member of the Garda Síochána, a judge of the District Court may, if satisfied that there are reasonable grounds for believing that—

(i) evidence of, or relating to, an offence specified in a European arrest warrant, or

(ii) property obtained or received at any time (whether before or after the passing of this Act) as a result of or in connection with the commission of that offence,

is to be found in any dwelling, issue a warrant authorising a named member of the Garda Síochána accompanied by such other members of the Garda Síochána as may be necessary, at any time or times, within one month of the date of the issue of the warrant, to enter the dwelling (if necessary by the use of reasonable force) and search the dwelling and any person found at the dwelling, and a member of the Garda Síochána who enters a dwelling pursuant to such a warrant may seize anything found at the dwelling or anything found in the possession of a person present at the dwelling at the time of the search that the member believes to be such evidence or property.

(5) A member of the Garda Síochána who is performing functions under this section may—

(a) require any person present at the place where the search is carried out to give to the member his or her name and address, and

(b) arrest otherwise than pursuant to a warrant any person who—

(i) obstructs or attempts to obstruct that member in the performance of his or her functions,

(ii) fails to comply with a requirement under paragraph (a), or

(iii) gives a name or address which the member has reasonable cause for believing is false or misleading.

(6) A person who—

(a) obstructs or attempts to obstruct a member of the Garda Síochána in the performance of his or her functions under this section,

(b) fails to comply with a requirement under paragraph (a) of subsection (5), or

(c) gives a false name or address to a member of the Garda Síochána,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €3,000, or to imprisonment for a period not exceeding 6 months, or to both.

(7) In this section “place” includes a ship or other vessel, an aircraft, a railway wagon or other vehicle, and a container used for the transporting of goods.