This topic must be read in conjunction with our general topic - Drink Driving.
This topic deals with some recent law clarifying the right of police officers to enter private property for the purposes of conducting drink driving tests.
The new law is clearly set out in the judgment of Justice Fogarty dated 10 October 2008 and we provide you with a full copy at the end of this page. You will be able to read and print off the whole decision. It covers everything you need to know.
For a considerable number of years, there has been some uncertainty about the extent to which a police officer, even in fresh pursuit, can go on to private property in order to administer breath tests and/or arrest of offender IF that offender has retreated on to the private property AND the occupier has revoked the law enforcement officer’s implied licence to be there.
Implied licences apply in many day-to-day situations in respect of private property. You obviously don't have the right to go on to anyone's property just to have a nosey around. But there is in an implied right for a postman or a courier driver or door-to-door salesperson to go up and knock on the door as part of their day-to-day activities.
If you were, in good faith, knocking on a door to ask directions or something like that, then you have an implied licence or right to do that.The first part of this topic has been displayed free of charge. Join up for $45 to have access to this and all other topics!