DPP v Morgan

• Jurisdiction: Ireland
• Judgment Date: 01 January 1980
• Date: 01 January 1980
• Court: Circuit Court

(Cir. Ct.)

The People (D.P.P.)

and

Morgan

Clandestine searches of accused's handbag - Whether illegal.

The accused was charged with embezzlement of a sum of money from Quinnsworth Limited by whom she was employed as a cashier at their Thurles branch. It was a company rule that handbags be left in the manager's office. From the book of evidence, it appeared that a trap had been set. The accused's handbag was searched clandestinely in the morning in anticipation of a crime. It was then searched twice after lunch - once secretly, and once in the presence of the accused - to reveal that a theft of money had taken place. The staff notice in the store provided that staff members could be searched at random. Also, the staff handbook provided that any employee might be searched on his entering or leaving the premises and, further, that the management might search any parcel, package, handbag, or vehicle of an employee. Held: Notice would need precise wording to show that clandestine searches of items left in the manager's office for safekeeping could be made. Right to inspect handbags, etc., as provided in handbook, is ejusdem generis with the right to search...