It is a significant enough point that if a member of An Garda Síochána decides to search a vehicle under sections 9 or 10, he or she can also, for instance, under section 11(2)(b), "where the place at which the member finds the vehicle is, in the member's reasonable opinion, unsuitable for such search, take the vehicle or cause it to be taken or require the driver forthwith to take the vehicle to a specific place which the member considers suitable for such search". The search warrant was for the search of the offices of the journalist and his own residence.

It sets out when a member of An Garda Síochána may apply for a search warrant. To begin with, therefore, there is now an express statutory obligation on any garda who is applying to the District Court for a search warrant to inform the court of the fact that he or she believes there may be privileged information pursuant to the search.

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