Gardaí did not have 'common law' power to enter flat to arrest man, court rules

Gardaí did not have a general power to enter the flat of a man and arrest him for breach of the peace after they had been called to a disturbance at his home, the High Court ruled.

Mr Justice Charles Meenan said while gardai did have a power to do so under the criminal law, when they entered Philip O'Brien's flat in Marino Apartments, Tralee, Co Kerry, they did not invoke that power.