Criminal Justice (Psychoactive Substances) Act 2010
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Power of Garda Síochána to search persons, vehicles, etc. |
13.— (1) Without prejudice to the generality of section 12 , where a member of the Garda Síochána who is in— | |
(a) a public place, or | ||
(b) any other place under a power of entry authorised by law or to which or in which he or she was expressly or impliedly invited or permitted to be, | ||
with reasonable cause suspects a person of committing or having committed an offence under this Act, he or she may without warrant— | ||
(i) search the person and, if he or she considers it necessary for that purpose, detain the person for such time as is reasonably necessary for making the search, | ||
(ii) search any vehicle in which he or she suspects that any evidence of, or relating to, the commission of an offence under this Act may be found and for the purpose of carrying out the search may, if he or she thinks fit, require the person who for the time being is in control of such vehicle to bring it to a stop and when stopped to refrain from moving it, or in case such vehicle is already stationary, to refrain from moving it, or | ||
(iii) examine (by opening or otherwise) and seize and retain anything found in the course of a search under this section which with such cause appears to him or her to be something which might be required as evidence in proceedings for an offence under this Act. | ||
(2) A member of the Garda Síochána may, for the purpose of conducting a search of a person under this section, require the person to accompany him or her to a Garda Síochána station for that purpose. | ||
(3) A member of the Garda Síochána may, for the purpose of conducting a search of a vehicle under this section, make any one or more or all of the following requirements of the person who appears to him or her to be the owner or in control or charge for the time being of the vehicle: | ||
(a) require such person, pending the commencement of the search, not to remove from the vehicle any substance, object or other thing; | ||
(b) where the search relates to a vehicle and the place at which he or she finds the vehicle is in the member’s reasonable opinion unsuitable for such search, require such person forthwith to take the vehicle or cause it to be taken to a place which he or she considers suitable for such search and which is specified by him or her; | ||
(c) require the person to be in or on or to accompany the vehicle for so long as the requirement under this subsection remains in force or until the search is completed, as the case may be. | ||
(4) Where there is a failure or refusal to comply with a requirement under— | ||
(a) subsection (2), the member of the Garda Síochána concerned may arrest without warrant the person of whom the requirement was made for the purposes of conducting the search, or | ||
(b) subsection (3)(b), such member of the Garda Síochána concerned may take the vehicle concerned, or cause it to be taken, to a place which he or she considers suitable for a search under this section. | ||
(5) Where a requirement described in subsection (3)(a) is made of a person, the search in relation to which the requirement is made shall be carried out as soon as is practicable. | ||
(6) This section is without prejudice to any other power conferred by statute or otherwise exercisable by a member of the Garda Síochána to search a person or to seize and retain evidence of, or relating to, the commission of an offence. |