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Court of Appeal dismisses appeal from High Court, and affirms dismissal of an action against the Garda Commissioner and the State, where the plaintiff had failed to establish that the search of his premises had been unlawfully executed without a warrant. The appellant's claim centered on the failure to produce the original search warrant during the trial. However, the court found that the Gardaí had acted appropriately in executing the warrant and that the items allegedly seized were not unlawfully taken.
Court of Appeal, search warrant, Garda Commissioner, State, execution of warrant, lawful authority, business premises, Gardaí, constitutional rights, property rights, damages, breach of duty, misfeasance in public office, trespass, detinue, aggravated damages, exemplary damages, Criminal Justice (Miscellaneous Provisions) Act 1997, Criminal Justice Act 2006, Article 40.5 of the Constitution, Veolia Water UK plc v. Fingal County Council.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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