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Court of Appeal, in answer to a case stated from the Circuit Court arising from a drink driving prosecution, determines that, when a Garda had entered onto the curtilage of a dwelling house without a warrant, and made a requirement for a preliminary breath sample, the Garda was also entitled to effect the arrest of the suspect while still on the property.
Criminal law - consultative case stated - drink driving - s. 7 of the Road Traffic Act 2010 - right of Garda to enter property without warrant - whether Garda entitled to arrest suspect while still on the property.
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