Examination of travelers' baggage by
 Customs and Excise officers in Ireland

Rules

Searches of travelers

Travelers may be searched by Customs officers only where an officer has reason to suspect that they are:

• Carrying uncustomed or prohibited goods (uncustomed goods are goods that are imported over and above the personal traveler's allowance and that are not declared to Customs) or
• Carrying drugs on their person.

In cases where a Customs officer suspects that the person is carrying uncustomed or prohibited goods, he or she must go before a superior officer of the Customs and Excise service who will decide whether there are sufficient grounds for the search to be carried out.

In practice, most searches are carried out by Customs officers in respect of drugs. If you are to be searched on suspicion of carrying drugs:

• You must understand the reason for the search. It has been known for drug smugglers to use people with disabilities or children to carry drugs. If Customs officers are required to search a child or a person with a disability, it is done in the presence of a parent or guardian.
• You can only be searched by an officer of the same sex
• No person of the opposite sex can be present where the search involves the removal of clothing other than hat, coat jacket, gloves or similar articles of clothing unless the presence of the person is necessary as a result of your violent conduct
• You have the right to request that the search be carried out by a medical practitioner
• The search must be conducted in a room to which the public does not have free access. Windows must be screened and doors secured to ensure complete privacy.
• If you refuse to be searched, you may be arrested without warrant by the Customs officer and may be prosecuted. If you are arrested by Customs officers, you will be taken to the nearest police station to be charged with an offence.
• If Customs officers find controlled drugs, you may prosecuted. You may be arrested or proceeded against later by summons.

Customs officers keep records of all searches that they conduct.

Additionally, everyone detained by Customs officers has the right of:

• Access to a solicitor
• Access to a doctor
• Informing a relative/third party of their situation

If you feel you have been unfairly treated by Customs officers, you may complain in writing to the Revenue Commissioners, Dublin Castle, Dublin 2 or to the Ombudsman, 18 Lower Leeson Street, Dublin 2.

Types of Search

Pat down search

A pat down search involves a search of outer clothing without the removal of clothing.

Intimate body search

An intimate body search may involve the removal and search of clothing and a visual examination of the undressed person by an officer or medical practitioner to verify if drugs are being concealed.

You cannot be subjected to an intimate body search for drugs unless:

• Customs officers have reasonable cause to suspect that you are in possession of a controlled drug.

Internal body search

Customs officers do not carry out internal body searches.

Penalties for carrying uncustomed goods

The penalties for carrying uncustomed goods are generally three times the duty paid value of the goods in question. The goods are also liable to forfeiture and can be seized along with any other articles used for concealing or conveying the uncustomed goods or packed with them.

Penalties for carrying illegal drugs

The penalties for smuggling illegal drugs are set out in the Misuse of Drugs Act , as amended. These penalties range from a fine of 380 euro in the case of a person convicted of importing a drug such as cannabis for personal use to life imprisonment for the most serious offences, which concern the importation of drugs for supply to others.

If you have any information in relation to drug smuggling in Ireland, download and complete the Customs Drugs Watch report form and post it free of charge, to Head Office, Customs National Drugs Team, 14 Lord Edward St., Dublin 2. (Remember to clearly mark "FREEPOST" on the envelope.