Self-Service Search Warrants and International Terrorism: Lessons from Damache v. DPP

Abstract:     
In February 2012, the Supreme Court of Ireland invalidated a long-standing statutory provision that allowed the police to "help themselves" to search warrants in terrorism cases. Though the case has far-reaching practical consequences and theoretical implications, the Supreme Court’s written decision was relatively spare. The aim of this comment is to deepen the discussion. To that end, I examine the purposes of search warrant requirements as part of a legal regime for protecting privacy against government intrusion. I also discuss the judicial power to reject counterterrorism measures approved by the elected branches of government. Finally, I connect the Supreme Court’s decision to fundamental and recurring questions about the Irish judiciary’s level of trust in law enforcement authorities.

Number of Pages in PDF File: 25

Keywords: criminal procedure, search warrants, counterterrorism, Ireland, comparative criminal law

Accepted Paper Series