Firearms and Offensive Weapons Act, 1990

Power of search without warrant.

16.—(1) This section applies to a situation where a number of people are congregated in any public place (within the meaning of section 9 (8)) and a breach of the peace is occurring, or a member of the Garda Síochána has reasonable grounds for believing that a breach of the peace has occurred, or may occur, in that place when the people were or are congregated there.

(2) If in a situation to which this section applies a member of the Garda Síochána suspects with reasonable cause that a person has with him any article in contravention of section 9 , he may search him in order to ascertain whether this is the case.

(3) If in a situation to which this section applies a member of the Garda Síochána suspects with reasonable cause that some one or more of the people present has or have with him or them an article or articles in contravention of section 9 , then, even if the member has no reason to suspect that any particular one of the people present has with him any such article, the member may search any of those people if he considers that a search is necessary in order to ascertain whether any of them has with him any such article or articles.