DPP v Boylan

• Jurisdiction: Ireland
• Judgment Date: 01 January 1991
• Date: 01 January 1991
• Docket Number: [1990 No. 24 C.C.A.]
• Court: Court of Criminal Appeal

The People (Director of Public Prosecutions) v. Boylan

The People (at the suit of The Director of Public Prosecutions)

and

Seán Boylan

[1990 No. 24 C.C.A.]

Court of Criminal Appeal

Criminal law - Misuse of drugs - Evidence - Admission - Driver of vehicle stopped and vehicle searched - Driver detained and questioned during search - Driver subsequently arrested and detained at garda station - Inculpatory statement made in custody - Whether first detention unlawful - Whether sub-sequent detention tainted by illegality - Misuse of Drugs Act, 1977 (No. 12), s. 23 - Misuse of Drugs Act, 1984 (No. 18), s. 12 - Criminal Justice Act, 1984 (No. 22), s. 4.

Section 23, sub-ss. 1, 1 A and 1 B of the Misuse of Drugs Act, 1977, as amended by s. 12 of the Misuse of Drugs Act, 1984, provide:—

"(1) A member of the Garda Síochána who with reasonable cause suspects that a person is in possession in contravention of this Act of a controlled drug, may without warrant —

• (a) search the person and, if he considers it necessary for that purpose, detain the person for such time as is reasonably necessary for making the search,

• (b) search any vehicle, vessel or aircraft in which he suspects that such drug may be found (and any substance, article or other thing on or in the vehicle, vessel or aircraft) and for the purpose of carrying out the search may, if he thinks fit, require the person who is for the time being in control of such vehicle, vessel or aircraft to bring it to a stop and when stopped to refrain from moving it, or in case such vehicle, vessel or aircraft is already stationary, to refrain from moving it, or

• (c) examine (by opening or otherwise) and seize and detain anything found in the course of a search under this section which with such cause appears to him to be something which might be required as evidence in proceedings under this Act.

  • (1A) Where a member of the Garda Síochána decides to search a person under this section, he may require the person to accompany him to a Garda Station for the purpose of being so searched at that station.

  • (1B) Where a member of the Garda Síochána decides to search a vehicle, vessel or aircraft under this section he may as regards the person who appears to him to be the owner or in control or charge for the time being of the vehicle, vessel or aircraft make any one or more of the following requirements:

    • (a) require such person, pending the commencement of the search, not to move from the vehicle, vessel or aircraft, as may be appropriate, any substance, article or other thing,

    • (b) in case the decision relates to a vehicle and the place in which he finds the vehicle is in his reasonable opinion unsuitable for such search, require such person forthwith to take the vehicle or cause it to be taken to a place which he considers suitable for such search and which is specified by him,

    • (c) require the person to be in or on or to accompany the vehicle, vessel or aircraft, as may be appropriate, for so long as the requirement under this paragraph remains in force."

By s. 4, sub-s. 2 of the Criminal Justice Act, 1984, where a member of the Garda Síochána arrests without warrant a person whom he, with reasonable cause, suspects of having committed an offence in respect of which a sentence of at least five years' imprisonment may be imposed...