The Supreme Court ruled yesterday that a garda sergeant, provided he was acting in "good faith", was entitled with five other gardai to enter a Dublin flat where he believed the lives of innocent women and children were at risk.
The safeguarding of life and limb was more important than the inviolability of a person's home, the court stated.
The court was giving its judgment on a case sent to it by a district judge who was dealing with charges arising out of a siege at a Dublin flat in 1993.
Lawyers for five men who were arrested in the flat submitted the Garda entry was illegal and in breach of the men's constitutional rights.
They argued the arrests were unlawful.
It was claimed gardai only have power to arrest without warrant in a person's home when they have reasonable grounds for suspecting the person has committed a felony or have permission from the appropriate person to enter the premises.
Delivering the Supreme Court judgment yesterday, Mr Justice O'Flaherty said the garda sergeant's choice was, if made in good faith, "far from being in breach of the Constitution" and "was in fulfilment of the obligation that devolves on all citizens".
That obligation was "to observe and implement the requirements of the Constitution because the safeguarding of life and limb must be more important than the inviolability of the dwelling of a citizens, especially when it is under attack in any event".
The Supreme Court appeal arose out of a case before Judge Gillian Hussey at Kilmainham District Court in 1994. She asked for the opinion of the High Court on questions of law and, following the High Court findings, the Director of Public Prosecutions appealed to the Supreme Court.
Garda Sgt Nicholas McGrath had told the district judge that on June 6th, 1993, at about 3 a.m., he and nine other gardai arrived at a flat at Chamber Court in Dublin's Liberties.
There was a large crowd in the street hostile to persons in the flat. Some were threatening to petrol bomb and burn down the flat, he said.
The five men had barricaded themselves in the flat and were armed with weapons. He requested the occupants to leave under garda escort for their own safety. They declined and demanded that he not enter the flat.
Sgt McGrath said he spoke to two unnamed women on the balcony of the complex who claimed there were young children inside. He and five other gardai entered the flat.
Five men were arrested. The mother of one man and the man's four children were on a bed, he said.
Sgt McGrath said he believed he had a right to enter "on the basis of the safety of the children in the flat and in the interests of the persons inside, having regard to the attitude of the mob outside".
Mr Justice O'Flaherty said Sgt McGrath had to make a choice in "an extremely fraught situation".
Provided the District Judge was satisfied the sergeant was acting in good faith - and there was no suggestion that he did otherwise - then he was entitled to enter to safeguard the life and limbs of the woman and children.
Mr Justice O'Flaherty said that the case before the district court was not over and that the defendants had yet to be heard.