Inviolability of Dwelling
Information
The Constitution (Bunreacht na hÉireann) declares that the dwelling of a citizen in Ireland is inviolable and shall not be entered forcibly except in accordance with the law. This means that no one, including the Gardai (Irish police force), may enter the place where you live without a warrant or other legal authority to enter.
If you are arrested as a result of an unlawful entry into your home, your arrest is illegal. Evidence obtained as a result of an unlawful entry onto your dwelling is inadmissible in court.
Your right to inviolability of dwelling is set down in Article 40.5 of the Constitution.
Language
Related Documents
- Unlawfully obtained evidence
Evidence that is obtained in deliberate and conscious breach of your constitutional rights is inadmissable in courts in Ireland. - Unlawful arrest and detention
This document discusses what constitutes unlawful arrest and detention in Ireland and how evidence produced from it is treated in court. - Arrests
What happens if you are arrested in Ireland? Find out more about warrants and the rules governing arrests.
Contact Us
If you have a question relating to this topic you can contact the Citizens Information Phone Service on 0761 07 4000 (Monday to Friday, 9am to 9pm) or you can visit your local Citizens Information Centre.