Jennings v Quinn and Another

JurisdictionIreland
Judgment Date28 July 1968
Date28 July 1968
Docket Number[1966. No. 1018 P.]
CourtSupreme Court
(S.C.)
Jennings
and
Quinn and Another

Whether lawful - Extradition - Power of arrest - Power to detain goods - Power to deliver to English police.

The plaintiff had been arrested in Ireland and extradited to England pursuant to the provisions of Part III of the Extradition Act, 1965. The Irish police had seized, at the time of the arrest, certain goods which were then in the possession of the plaintiff. The plaintiff sued the defendants, who were police officers, in the High Court for the return of the goods and he applied for an interlocutory injunction restraining the defendants from parting with their possession of the goods pending the trial of the action. There was evidence that some of the goods had been stolen in England. Held by the Supreme Court ( Ó Dálaigh C.J., Walsh and O'Keeffe JJ.), 1, that the police have power, when effecting a lawful arrest, to seize, without a search warrant, goods in the possession or custody of the person arrested if they believe that it is necessary to do so in order to prevent the abstraction or destruction of the goods and if the goods are: —(a) evidence in support of the criminal charge on foot of which the arrest was made, or (b) evidence in support of any other criminal charge against the person arrested then being contemplated, or (c) reasonably believed to be stolen property or to be property which is unlawfully in the possession of the person arrested; 2, that such goods may be retained by the police for use at the trial of the person arrested, or of any other person or persons, on any criminal charge in which the goods are to be used as evidence in support of the charge or charges; and that thereafter they should be returned to the person from whom they were seized, unless their disposal otherwise has been...

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11 cases
  • DPP v Kelly
    • Ireland
    • Court of Criminal Appeal
    • 29 June 2012
    ...LAW ACT 1976 S9 R v GALBRAITH 1981 1 WLR 1039 R v LUCAS 1981 QB 720 DPP v CRONIN 2006 4 IR 329 DPP v ROONEY 1992 2 IR 7 JENNINGS v QUINN 1968 IR 305 O'MAHONY v BALLAGH 2002 2 IR 410 LYNDON v DISTRICT JUDGE UNREP CHARLETON 22.1.2007 2009/33/8216 2007 IEHC 487 KENNY v JUDGE COUGHLAN & DPP U......
  • DPP v Wilson
    • Ireland
    • Court of Criminal Appeal
    • 27 November 2014
    ... ... had no qualification in statistics and thus could not determine the probability of whether another person could have identical DNA to that of the accused. The learned judge also found that the ... and found at or after arrest, and to prevent the destruction of such evidence: see Jennings v. Quinn [1968] I.R. 305 and Dillon v. O?Brien [1887] 20 L.R. Ir. 300 ... That the gardaí have ... ...
  • Jason Brady v Judge Gerard Haughton and Others
    • Ireland
    • Supreme Court
    • 29 July 2005
    ...JUSTICE ACT 1988 S23 CRIMINAL JUSTICE ACT 1951 S5 SINN FEIN FUNDS CASE 1950 IR 67 POLICE PROPERTY ACT 1897 S1(1) JENNINGS v QUINN 1968 IR 305 CRIMINAL JUSTICE ACT 1994 PART VII CONSTITUTION ART 40 CRIMINAL JUSTICE ACT 1994 S51(15) CRIMINAL JUSTICE ACT 1994 S51(2) CRIMINAL JUSTICE ACT 1994......
  • DPP v Quirke
    • Ireland
    • Supreme Court
    • 20 March 2023
    ...Where a valid arrest is effected, a general power to search comes with the valid exercise of that police power. Thus, in Jennings v Quinn [1968] IR 305 at 309 O'Keeffe J, giving the judgment of this Court, stated: In my opinion the public interest requires that the police, when effecting a ......
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