Director of Public Prosecutions -v- McDonnell [2014] IEHC 35 (31 January 2014)

Director of Public Prosecutions -v- McDonnell [2014] IEHC 35 (31 January 2014)

The search of the accused's clothing was unlawful as it was conducted without consent or lawful authority, but the opinion formed by the Garda as a result of the unlawful search could nonetheless ground a lawful demand under s.15(1)(b) of the Road Traffic Act 1994, as the rules of evidence do not apply to the formation of such opinions for investigative purposes.

Citation
[2014] IEHC 35
Parties
Prosecutor: Director of Public Prosecutions (at the suit of Garda Louise McConnell); Accused: Richard McDonnell
Jurisdiction
Ireland
Judgment Date
31 January 2014
Procedural Posture
Case Stated (consultative) From District Court / High Court Determination on Case Stated
Outcome
Questions answered in the affirmative: (i) the search was unlawful; (ii) the Garda could nonetheless rely on the discovery to form a lawful opinion for the demand.
Legal Topics
Unlawful Search, Exclusionary Rule, Road Traffic Offences, Possession of Controlled Drugs, Formation of Opinion by Gardaí
Criminal Law Constitutional Law Evidence Unlawful Search Exclusionary Rule Road Traffic Offences Possession of Controlled Drugs Formation of Opinion by Gardaí

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Parties

Director of Public Prosecutions (at the suit of Garda Louise McConnell)

Prosecutor

Richard McDonnell

Accused

Procedural Posture

Case Stated (consultative) From District Court / High Court Determination on Case Stated

Legal Issues

  1. 1 Whether the search of the accused's clothing in hospital was unlawful
  2. 2 Whether an opinion formed on the basis of an unlawful search can ground a lawful demand under s.15(1)(b) of the Road Traffic Act 1994

Ratio Decidendi

The search of the accused's clothing was unlawful as it was conducted without consent or lawful authority, but the opinion formed by the Garda as a result of the unlawful search could nonetheless ground a lawful demand under s.15(1)(b) of the Road Traffic Act 1994, as the rules of evidence do not apply to the formation of such opinions for investigative purposes.

Court Disposition

Questions answered in the affirmative: (i) the search was unlawful; (ii) the Garda could nonetheless rely on the discovery to form a lawful opinion for the demand.