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Power of arrest
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38. Where with reasonable cause a member of the Garda Síochána—
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(a) suspects that an offence under this Part has been committed or attempted, and
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(b) suspects a person of having committed the offence or having made the attempt,
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the member may arrest the person without warrant if—
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(i) with reasonable cause the member suspects that the person, unless arrested, either will abscond for the purposes of evading justice or will obstruct the course of justice,
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(ii) having enquired of the person, the member has reasonable doubts as to the person’s identity or place of abode, or
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(iii) having enquired of the person, the member knows that the person does not ordinarily reside in the State or has reasonable doubts as to whether the person so resides.
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