Irish Supreme Court in 2009 rejected attempt to use a “no warrant” defense
From ANIMAL PEOPLE, June 2010:
DUBLIN–Globally, defenses based on alleged warrantless
search and seizure are usually considered a quirk of U.S. law, since
the U.S. Fourth Amendment protection against warrantless entry is
uniquely strong. The Irish Supreme Court on May 1, 2009 rejected a
rare non-U.S. attempt to use lack of a warrant as a defense.
Barrister and customs officer Donba Sfar, of St.
Bronagh’s, Lisdoo, Dundalk, contended that Irish SPCA inspector
Paul Mellon and the Louth SPCA improperly seized 17 dogs from the
yard and outbuildings of a house she owned in Oaklawns, Dundalk, in
December 1998. The dogs were allegedly starving and had cannibalized
another dog.
Sfar conducted her own defense and appeals. The Irish
Supreme Court ruled that while her home was on the Oaklawns property,
the places from which the dogs were seized were not part of her
actual dwelling, and were therefore not subject to a warrant
requirement.
U.S. law holds that all properties are subject to warrant
requirements, except under “exigent circumstances.”