DPP v Kenny

 
FREE EXCERPT
(C.C.A., S.C.)
(S.C.)
People (D.P.P.)
and
Kenny

- Validity - Suspicion - Swearing of information by garda before peace commissioner - Requirement that peace commissioner be satisfied by information on oath of reasonable grounds for suspecting that an offence had been committed - Information grounding suspicion not specified - Whether search warrant validly issued - Misuse of Drugs Act, 1977 (No. 12), s. 26. Constitution - Personal rights - Inviolability of dwelling - Domiciliary search on foot of invalid search warrant - Standard procedure followed for obtaining warrant - Whether deliberate and conscious violation of accused's constitutional rights -Whether "deliberate and conscious" refers to act complained of - Exclusion of evidence obtained by invasion of constitutional rights -...

To continue reading

REQUEST YOUR TRIAL