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Search warrant was validly granted in District Court on foot of sworn information

By: Ciaran Joyce BL

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Court of Appeal dismisses appeal of drugs related convictions arising from an allegedly invalid search warrant, finding that the issuing District judge had a firm basis for granting the warrant on foot of the sworn information and the oral evidence of the Garda.

Criminal law – appeal of convictions for conspiracy to import a controlled drug, possession of a controlled drug and possession of a controlled drug for the purpose of sale or supply – s.71 of the Criminal Justice Act, 2006 – s. 3 of the Misuse of Dugs Act, 1977 – s. 15 of the Misuse of Drugs Act, 1977 – validity of the search warrant issued and admissibility of evidence – whether the sworn information provided to the District judge was incorrect and represented untruths as the basis upon which the warrant was being sought – issuing District judge had a firm basis for granting the warrant on foot of the information and the oral evidence of the garda – appeal dismissed.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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