Electronic Commerce Act, 2000

Investigative procedures.

27.—(1) Where, on the sworn information of an officer of the Minister or a member of the Garda Síochána not below the rank of Inspector, a judge of the District Court is satisfied that there are reasonable grounds for suspecting that evidence of or relating to an offence under this Act is to be found at a place specified in the information, the judge may issue a warrant for the search of that place and any persons found at that place.

(2) A warrant issued under this section shall authorise a named officer of the Minister or member of the Garda Síochána, alone or accompanied by such member or other members of the Garda Síochána and such other persons as may be necessary—

(a) to enter, within 7 days from the date of the warrant, and if necessary by the use of reasonable force, the place named in the warrant,

(b) to search the place and any person reasonably suspected of being connected with any activities of the place found thereon, and

(c) to seize anything found there, or anything found in the possession of a person present there at the time of the search, which that officer or member reasonably believes to be evidence of or relating to an offence under this Act and, where the thing seized is or contains information or an electronic communication that cannot readily be accessed or put into intelligible form, to require the disclosure of the information or electronic communication in intelligible form.

(3) An officer of the Minister or member of the Garda Síochána acting in accordance with a warrant issued under this section may require any person found at the place where the search is carried out to give the officer or member the person's name and address.

(4) A person who or public body which—

(a) obstructs or attempts to obstruct an officer of the Minister or member of the Garda Síochána acting in accordance with a warrant issued under subsection (1),

(b) fails or refuses to comply with a requirement under this section, or

(c) gives a name or address which is false or misleading,

is guilty of a summary offence.

(5) An officer of the Minister or member of the Garda Síochána may retain anything seized under subsection (2)(c) which he or she has reasonable grounds for believing to be evidence of an offence under this Act, for use as evidence in relation to proceedings in relation to any such offence, for such period as is reasonable or, if proceedings are commenced in which the thing is required to be used in evidence, until the conclusion of the proceedings.

(6) In this section, “place” includes any dwelling, any building or part of a building and any vehicle, vessel or structure.