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Search of suspects and stopping of vehicles
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37. (1) Where a member of the Garda Síochána or an officer of customs has reasonable grounds for believing that a person is in possession, in contravention of this Part, of a veterinary medicinal product or an ingredient for a veterinary medicinal product or medicated feed or intermediate products, the member or officer may without warrant—
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(a) search, or cause to be searched by such a member or officer, the person and, if the member or officer considers it necessary for that purpose, detain the person for such time as is reasonably necessary to carry out the search,
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(b) search, or cause to be searched by such a member or officer, any vehicle in which the member or officer suspects that such product or feed may be found and for the purpose of carrying out the search, if any such member or officer thinks fit, require the person who is, for the time being, in charge or control of the vehicle to bring it to a stop and when stopped to refrain from moving it or, in case the vehicle is already stationary, to refrain from moving it, or
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(c) seize and detain, or cause to be seized and detained by such a member or officer, anything found in the course of a search under this Regulation which the member or officer reasonably suspects to be something which might be required as evidence in proceedings for an offence under this Part.
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(2) Where a member of the Garda Síochána or an officer of customs decides to search or cause to be searched a person under this section, the member or officer may require the person to accompany that member or officer to either a Garda Síochána station or a customs office for the purpose of being so searched at that station or office. If the person refuses the member may arrest the person without warrant.
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(3) A member of the Garda Síochána or an officer of customs may stop a vehicle, vessel or aircraft for the purposes of this Part and may require it to be moved for inspection to such place as the member directs.
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(4) A person who, without reasonable excuse, fails to comply with a request of a member of the Garda Síochána or an officer of customs under subsection (2) or (3) commits an offence and is liable on summary conviction to a class A fine.
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(5) Nothing in this Part operates to prejudice any power to search or to stop, or to seize or detain property, which may, apart from this Part, be exercised by a member of the Garda Síochána or an officer of customs.
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