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97.23 Search Warrant - Road Traffic Act 1961 Section 106(6)(B)

This form is a search warrant issued under the Road Traffic Act 1961, Section 106(6)(B). It authorizes law enforcement to search specific locations for evidence related to road traffic offenses.

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Form Overview

97.23 Search Warrant - Road Traffic Act 1961 Section 106(6)(B)

This form is a search warrant issued under the Road Traffic Act 1961, Section 106(6)(B). It authorizes law enforcement to search specific locations for evidence related to road traffic offenses.

The form captures details about the location to be searched, the grounds for the search, and the specific evidence related to road traffic offenses being sought.

Risk Radar

  • The most common mistake is including insufficient grounds for the search, which can invalidate the warrant.
  • Incorrect location details may render the warrant invalid
  • Excessive scope of search could violate rights
  • Failure to properly execute within legal timeframes
  • Insufficient grounds for the search could be challenged

Plain English

This document gives police legal permission to search a place or vehicle when investigating road traffic violations. It's not something an ordinary person would fill out, but rather a court-authorized tool for law enforcement.

Submission Date

  • Search warrants must be executed within a specific timeframe after being issued, typically within 7 days, though this may vary depending on the nature of the investigation.
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

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Glossary Terms

Hover a term to preview the meaning.

What this form is for

  • Use when seeking to search property for evidence of road traffic offenses
  • Required for legally authorized searches under the Road Traffic Act
  • Not applicable for standard traffic violations requiring only fines
  • Must be obtained from a court, not self-issued

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Standard traffic offenseFixed Charge NoticeFor minor offenses like speedingCheck if the offense qualifies for fixed charge before proceeding
Criminal driving offenseForm 97.24 (if available)For more serious offenses like dangerous drivingDetermine the appropriate legal procedure for the specific offense
General search warrantStandard search warrant formFor non-traffic related investigationsEnsure you're using the correct legal authority
Evidence preservation requestCourt order formWhen immediate action is needed but full search warrant isn't requiredConsider the urgency of the situation

Deadline or filing window

Search warrants must be executed within a specific timeframe after being issued, typically within 7 days, though this may vary depending on the nature of the investigation.

Before you submit

  • Ensure all location details are accurate and complete
  • Verify the specific grounds for the search are clearly stated
  • Confirm the items to be seized are specifically related to road traffic offenses
  • Check that the warrant is signed by the appropriate judicial authority
  • Ensure the warrant includes the date, time, and duration of authorization

How to file this form

  1. 1Prepare the warrant application with specific details about the location and evidence sought
  2. 2Submit the application to the appropriate court with supporting affidavit
  3. 3Obtain judicial approval and signature on the warrant
  4. 4Execute the warrant by serving it on the relevant property or vehicle
  5. 5Document all items seized and provide an inventory to the court

Known limitations

  • The warrant only authorizes searches specifically related to road traffic offenses
  • Execution must be conducted during daylight hours unless special circumstances apply
  • The warrant doesn't override other legal protections like privacy rights
  • Evidence obtained improperly may be inadmissible in court

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Current Form Status

This form is currently in use under the Road Traffic Act 1961, though recent amendments to road traffic legislation may affect its application.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Verify the form references the current Road Traffic Act 1961
  • Check that any recent amendments to road traffic legislation are reflected
  • Ensure the warrant format complies with current judicial procedures
  • Confirm the specific section 106(6)(B) requirements haven't changed

Quick Facts

This form is completed and issued by courts or judicial authorities, not by members of the public.
The form captures details about the location to be searched, the grounds for the search, and the specific evidence related to road traffic offenses being sought.
This form is used when there are reasonable grounds to believe evidence of road traffic offenses is located at a specific property or vehicle.
Search warrants are issued by district courts in Ireland and served by law enforcement officers at the location specified in the warrant.
Properly executed search warrants ensure evidence is collected legally, protecting individual rights while allowing investigation of serious road traffic offenses.
The warrant must include specific details about the location, items to be seized, and grounds for the search. It must be signed by a judge or authorized judicial officer before being executed by law enforcement.

Form Details

Agency
Courts Service of Ireland
Revision Date
23/10/25

97.23 Search Warrant - Road Traffic Act 1961 Section 106(6)(B)

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After you file

  • Maintain a detailed record of all items seized
  • Submit a return to the court detailing the execution of the warrant
  • Monitor any subsequent legal proceedings related to the evidence
  • Be prepared to justify the scope and execution of the warrant if challenged

Source and verification log

  • Form issued by Courts Service of Ireland
  • Related to Road Traffic Act 1961 Section 106(6)(B)
  • Used for authorizing searches related to road traffic offenses
  • Requires judicial approval before execution
  • Not confirmed in official source: Specific time limits for execution
  • Not confirmed in official source: Current format requirements

Common confusion points

5 things to watch for

  • 1

    Confusing this with general search warrants not specific to road traffic

  • 2

    Uncertainty about the exact scope of items that can be seized

  • 3

    Misunderstanding the time limits for executing the warrant

  • 4

    Confusion about which court has jurisdiction to issue the warrant

  • 5

    Unclear procedures for challenging or contesting the warrant

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