Gardaí asked to conduct searches at ‘reasonable times’

The recommendation is made in a report produced after a Gsoc investigation into a garda raid of a house in west Dublin at 3.15am in connection with the alleged theft of motor vehicle accessories.

Gsoc found no evidence of wrongdoing or malpractice, but highlighted a report by the Law Reform Commission which proposed gardaí should incorporate a policy of conducting searches at a “reasonable time” into their code of practice.

Garda headquarters have now been urged by Gsoc to consider implementing that proposal.

Senior barrister Paul Anthony McDermott told The Sunday Times: “The purpose of a search is to gather evidence, it’s not a tool to annoy someone suspected of crime or bring pressure on them.

“It should always be done in normal working hours unless the gardai believe there are certain reasons why it’s urgent, such as a drug transaction is about to take place. There must be a particular reason why a search must take place at night.”

He added: “People whose homes are being searched also have a right to look at a warrant to ensure it’s valid. You are much less likely to do that in the middle of the night.”