Gardai were entitled to ask questions while in plain clothes

Kennedy J: Criminal Law – appeal against conviction for possession of knife, burglary, criminal damage and obstruction of a peace officer – Gardai attended scene of burglary – alarm going off – rear window of property smashed – mobile phone recovered on floor of property – owner of the house informed Gardai that mobile phone did not belong to anyone in the house – phone rang and Gardai answered – male caller said that he had lost his phone in the area – arrangements were made to meet the person who called – Gardai believed phone belonged to the male and he was therefore responsible for committing the burglary – Gardai met the male who was wearing a knife on a lanyard around his neck – Gardai handed the phone over and arrested the male who is the appellant – appellant was conveyed to Donnybrook Garda Station – he was searched and Gardai found a bag of jewellery which had been taken from the burgled property – whether trial judge erred in admitting into evidence the alleged verbal admission of the appellant that the mobile phone found at the scene of the burglary was his property – whether the trial judge erred in admitting into evidence the items seized as a result of the search – alternatively whether the trial judge erred in law or on a mixed question of fact and law in ruling the arrest of the appellant and subsequent search and seizure was not unlawful, did not fall short of the basic requirements of fairness and/or was not in breach of the appellant’s constitutional rights – clear that appellant was able to identify the sticker on the phone and then Gardai arrested the appellant and administered the caution and therefore no error in trial judge’s ruling – Gardai were entitled to ask questions while dressed in plain clothes and not identifying as Gardai – facts are entirely different to that of Breen – no error in the trial judge’s ruling – appeal dismissed.