Acquittal stands as search warrant requirements not met during drug search

The High Court dismissed an appeal brought by the prosecution against a decision by the District Court to acquit a defendant accused of possessing a controlled drug. The prosecution argued that evidence should not have been excluded, as the search of the defendant's dwelling by a garda was lawful under a search warrant, even though the garda who was named on the warrant left the premises before the search was completed. The High Court found that the statutory requirement for other gardaí to be 'accompanied by' the authorised member (the one named on the warrant) was not met where that member was absent during the search and seizure of the drugs, and that the conditions imposed by law for the valid exercise of these powers had not been strictly met. The Court determined that the District Judge was correct in finding the search unlawful, and although a further examination of whether the evidence might still have been admissible should have occurred, it was too late for the prosecution to raise this argument for the first time at this appeal. The result is that the acquittal stands, highlighting the importance of strict compliance with statutory safeguards for the search of a dwelling.