National Monuments (Amendment) Act, 1987

Powers of search and seizure.

22.—(1) If a justice of the District Court is satisfied, by information on oath and in writing furnished by a member of the Garda Síochána, that there are reasonable grounds for believing that evidence relating to the commission of an offence under the National Monuments Acts, 1930 to 1987, is to be found in any building or part of a building or in any vehicle, vessel, aircraft or hovercraft or in any other place whatsoever, he may issue to the member a search warrant in relation to such place.

(2) A search warrant under this section shall operate to authorise the member of the Garda Síochána named in the warrant, accompanied by any other members of the Garda Síochána, to enter, within one week from the date of the warrant, and if necessary by the use of force, any building or part of a building or any vehicle, vessel, aircraft or hovercraft or any other place named in the warrant, and to search it and any person found there, and to seize anything found there or on any such person that may be such evidence as aforesaid.

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

(a) demand of a person found at the place of search his name and address, and

(b) if the person refuses to give his name and address or gives a name and address that the member has reasonable grounds for believing to be false or misleading, arrest the person without warrant.

(4) Any person who obstructs or attempts to obstruct a member of the Garda Síochána acting under the authority of a search warrant under this section or who, when his name and address is demanded of him pursuant to subsection (3) of this section, fails or refuses to give his name or address or gives a name or address that is false or misleading shall be guilty of an offence.