Child Trafficking and Pornography Act, 1998
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Entry, search and seizure. |
7.—(1) Where, on the sworn information of a member of the Garda Síochána not below the rank of sergeant, a judge of the District Court is satisfied that there are reasonable grounds for suspecting that evidence of or relating to an offence under section 3 , 4 , 5 or 6 is to be found at a place specified in the information, the judge may issue a warrant for the search of that place and any persons found at that place. | |
(2) A warrant issued under this section shall authorise a named member of the Garda Síochána, alone or accompanied by such other members of the Garda Síochána and such other persons as may be necessary— | ||
(a) to enter, within 7 days from the date of the warrant, and if necessary by the use of reasonable force, the place named in the warrant, | ||
(b) to search it and any persons found there, and | ||
(c) to seize anything found there, or anything found in the possession of a person present there at the time of the search, which that member reasonably believes to be evidence of or relating to an offence under section 3 , 4 , 5 or 6 . | ||
(3) A member of the Garda Síochána acting in accordance with a warrant issued under this section may require any person found at the place where the search is carried out to give the member his or her name and address. | ||
(4) Any person who— | ||
(a) obstructs or attempts to obstruct any member of the Garda Síochána acting in accordance with a warrant issued under subsection (1), | ||
(b) fails or refuses to comply with a requirement under this section, or | ||
(c) gives a name or address which is false or misleading, | ||
shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or both. | ||
(5) A member of the Garda Síochána may arrest without warrant any person whom the member suspects of having committed an offence under subsection (4). | ||
(6) In this section “place” includes any dwelling, any building or part of a building and any vehicle, vessel or structure. |