Official Secrets Act, 1963

Search warrants.

16.—(1) On his being satisfied that reasonable grounds exist for suspecting that there has been or is about to be a contravention of section 9 a justice of the District Court may issue a warrant to any member of the Garda Síochána to search any premises, place, vessel or aircraft.

(2) Where an officer of the Garda Síochána not below the rank of chief superintendent has reasonable grounds for believing that in the interest of the State immediate action is necessary, he may issue a search warrant having the same effect as a search warrant issued by a justice of the District Court.

(3) A search warrant issued under this section shall be expressed and shall operate to authorise a member of the Garda Síochána (not below the rank of inspector) named in the warrant together with any other persons named in the warrant and any other members of the Garda Síochána to enter, within one week from the date of the warrant and if necessary by force, any premises, place, vessel or aircraft named in the warrant and search the same and every person found therein and seize any document or thing found therein or on such person which such member reasonably believes to be evidence of or to relate, directly or indirectly, to a contravention or intended contravention of section 9.

(4) A member of the Garda 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 premises, place, vessel or aircraft named in the 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.

(5) 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 this Act, until the conclusion of the proceedings, and thereafter the provisions of the Police (Property) Act, 1897 , shall apply to the thing so seized in the same manner as that Act applies to property which has come into the possession of the Garda Síochána in the circumstances mentioned in that Act.

(6) Every person who obstructs a member of the Garda Síochána or other person acting under the authority of a search warrant issued under this section shall be guilty of an offence.