If gardaí come across other items during their search relevant to another crime, those can be seized. The information put before the District Court must be sufficient to allow it to consider the application with appropriate care as to the affected person’s rights. If gardaí anticipate that electronic devices may be of relevance, they should say so. The core finding by the court is that, when seeking search warrants from the District Court under section 6 of the Criminal Justice Act 2006, gardaí must provide sworn information they have an objectively founded reasonable suspicion that the search could yield information for a criminal investigation. The judgment’s impact on the status of Quirke’s conviction will be decided at a later stage. Some existing prosecutions may be affected and may require a change in prosecution strategy, he added. The judgment sets “a baseline” from which a standard practice for seeking search warrants is likely to quickly develop and is unlikely to have any major impact on future investigations and prosecutions, he said.
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