Criminal Assets Bureau -v- Murphy & ors [2014] IEHC 583 (07 November 2014)

Criminal Assets Bureau -v- Murphy & ors [2014] IEHC 583 (07 November 2014)

The property seized represents proceeds of crime, and the exclusionary rule does not preclude admission of evidence obtained under an unconstitutional warrant in Proceeds of Crime Act proceedings, given the absence of wilful disregard for constitutional rights and the sui generis nature of such proceedings.

Citation
[2014] IEHC 583
Parties
Applicant: Criminal Assets Bureau; Respondent: Michael Murphy Junior; Respondent: Michael Murphy Senior; Notice Party: Amy Forrest
Jurisdiction
Ireland
Judgment Date
07 November 2014
Procedural Posture
Proceeds of Crime Act Application / Judgment on S.3 Application
Outcome
Order granted in favour of Criminal Assets Bureau, subject to exclusions for legitimately explained funds.
Legal Topics
Proceeds of Crime, Exclusionary Rule, Unconstitutionally Obtained Evidence, Asset Recovery
Criminal Law Civil Asset Forfeiture Constitutional Law Proceeds of Crime Exclusionary Rule Unconstitutionally Obtained Evidence Asset Recovery

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

Criminal Assets Bureau

Applicant

Michael Murphy Junior

Respondent

Michael Murphy Senior

Respondent

Amy Forrest

Notice Party

Procedural Posture

Proceeds of Crime Act Application / Judgment on S.3 Application

Legal Issues

  1. 1 Whether property seized constitutes proceeds of crime
  2. 2 Admissibility of evidence obtained from search under unconstitutional warrant
  3. 3 Application of exclusionary rule in civil forfeiture proceedings

Ratio Decidendi

The property seized represents proceeds of crime, and the exclusionary rule does not preclude admission of evidence obtained under an unconstitutional warrant in Proceeds of Crime Act proceedings, given the absence of wilful disregard for constitutional rights and the sui generis nature of such proceedings.

Court Disposition

Order granted in favour of Criminal Assets Bureau, subject to exclusions for legitimately explained funds.

Orders

  • Property listed in the schedule (Audi A4, Stg£6,625, €9,000, €20,000 bond, €10,000 bond) declared proceeds of crime and subject to forfeiture, except €7,550 from compensation claim, €1,800 from DTZ Sherry Fitzgerald cheque, and €5,000 to account for possible legitimate activity, which are excluded from the order.