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Do Gardai have the right to stop and read through your phone?

  • 30-09-2011 5:44am
    #1
    ericd1
    Registered Users Posts: 9 ✭


    I've been stopped once or twice for random search's on the way home from a night out and the last time i was stopped the detective garda took my phone off me and read through all my messages one by one, there was alot of personal messages on it from my girlfriend and i felt humiliated with the garda sniggering at my messages, I told the garda that it was invasion of privacy but they said there allowed to do it if they have reason to suspect something so i just went along in fear of getting arrested for a public order if i made a big deal about them going through my phone, could somebody please tell me if they are allowed to do this?
    Tagged:


«1

Comments

  • #2
    sparrowcar
    Registered Users Posts: 2,815 ✭✭✭sparrowcar


    http://www.boards.ie/vbulletin/showthread.php?t=2055203557

    :pac::pac:


  • #3
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    If you have been searched legally and they believe there is evidence in relation to a crime then yes.


  • #4
    jonsnow
    Registered Users Posts: 724 ✭✭✭jonsnow


    MagicSean wrote: »
    If you have been searched legally and they believe there is evidence in relation to a crime then yes.

    Under what Statutes?


  • #5
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    jonsnow wrote: »
    Under what Statutes?

    Every power of search comes with a parallel power to seize any item that is believed to be evidence in relation to a crime. In addition, the criminal justice act allows for an item to be seized if it is believed to be evidence in relation to any crime. An item that has been seized can be examined.


  • #6
    biko
    Registered Users Posts: 81,223 ✭✭✭✭biko


    http://www.boards.ie/vbulletin/showthread.php?p=70299089
    mentions
    http://www.irishstatutebook.ie/2006/en/act/pub/0026/sec0007.html


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  • #7
    jonsnow
    Registered Users Posts: 724 ✭✭✭jonsnow


    MagicSean wrote: »
    Every power of search comes with a parallel power to seize any item that is believed to be evidence in relation to a crime. In addition, the criminal law act allows for an item to be seized if it is believed to be evidence in relation to any crime. An item that has been seized can be examined.

    Could you give me a specific example.ie if some guy was walking down the road and you thought he looked suspicious under what act would you stop and search him and then his phone.

    Thanks Biko.You put up the statute as I was typing


  • #8
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    biko wrote: »
    http://www.boards.ie/vbulletin/showthread.php?p=70299089
    mentions
    http://www.irishstatutebook.ie/2006/en/act/pub/0026/sec0007.html

    Oops, mixed up the justice act with the law act. My bad.
    jonsnow wrote: »
    Could you give me a specific example.ie if some guy was walking down the road and you thought he looked suspicious under what act would you stop and search him and then his phone.

    Thanks Biko.You put up the statute as I was typing

    Depends on what reason you had to think he was suspicios. The most common are misuse of drugs, firearms and offensive weapons, offences against the state.


  • #9
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    the branch in the republic have done and regularly do approach known republicans and take their phones from them ...

    we live in a police state and we are controlled and monitored in everything we do ..

    even here .. so say hello to the Secret Police! :)

    What makes you think we can afford a secret police?


  • #10
    forex
    Registered Users Posts: 70 ✭✭forex


    I guess Gardai can ask you to show your phone, and this is a your choice to give it or not. He can't force you to do so. However you can ask him to explain your rights and reasons to do so, better if you have a weetness next to you.

    In the same time, I see no reason to worry about this check if you have nothing to hide. If you look simillar to the person they are looking for , you better help Gardai and don't make things complex.

    Like one time I was taken by police only because I looked simmilar to a thieve, hopefully it did not take to long before the victim arrive to see me.


  • #11
    Triangla
    Registered Users Posts: 818 ✭✭✭Triangla


    As a law abiding citizen I'd be pretty pi$$ed off if a Garda demanded to see my phone and went through it at the side of the road.

    Surely 'I find you suspicious' is a bit light to go through your private correspondence. Would they not have to elaborate as to exactly why they are suspicious of you?

    Edit: I just read statute stating 'reasonable grounds'. I'd be looking for these reasonable grounds to be slowly and clearly outlined.

    I have nothing to hide on my phone legally but have personal messages, emails, photos that frankly are no ones business but my own and I wouldn't like to see a complete stranger go through them for no reason. Garda or not. Hence I have screenlock activated in case it's lost/stolen.

    What is the law surrounding provision of password/pin unlock code?


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  • #12
    Tigger
    Closed Accounts Posts: 16,707 ✭✭✭✭Tigger


    i donno how i feel but i was stopped a while ago and the wanted to see my phone i said why he said to see if you were calling or messaging certain people and i showed him my recent calls and texts he was happy and went away

    if they didn't give me a reason i'd be in a different mind


  • #13
    Finnbar01
    Registered Users Posts: 2,064 ✭✭✭Finnbar01


    forex wrote: »
    I guess Gardai can ask you to show your phone, and this is a your choice to give it or not. He can't force you to do so. However you can ask him to explain your rights and reasons to do so, better if you have a weetness next to you.

    In the same time, I see no reason to worry about this check if you have nothing to hide. If you look simillar to the person they are looking for , you better help Gardai and don't make things complex.

    Like one time I was taken by police only because I looked simmilar to a thieve, hopefully it did not take to long before the victim arrive to see me.

    But he had something to hide, his private personal messages, emails, photos etc.


  • #14
    JG009
    Registered Users Posts: 2,482 ✭✭✭JG009


    Security lock ;) Ive been asked to unlock phones before and said no.


  • #15
    jimmynokia
    Registered Users Posts: 6,467 ✭✭✭jimmynokia


    If a guard asked me could he/she look at my phone i would seriously tell him/her to fcuk off thats invasion of privacy simple as.
    IT has a security lock on it and i would say work it out yourself,and give us a look at yours while your figuring that out,see how they like it...


  • #16
    DrGreenthumb
    Closed Accounts Posts: 720 ✭✭✭DrGreenthumb


    JG009 wrote: »
    Security lock ;) Ive been asked to unlock phones before and said no.

    very true or if you do not have this feature turn your phone off as soon as you take it out of your pocket, they have no right to go through your personal info without a warrent


  • #17
    charlemont
    Closed Accounts Posts: 4,725 ✭✭✭charlemont


    My phone is always locked and I always delete my texts and call registry as I wouldn't want the Guards to know anything that's not of their business.


  • #18
    bedirect
    Registered Users Posts: 198 ✭✭bedirect


    they can seize it on suspicion its evidence, criminal justice act 2006, then you might get it back in a few months if ever, looking at messages and giving it back, no real harm


  • #19
    Turner
    Moderators, Society & Culture Moderators Posts: 3,931 Mod ✭✭✭✭Turner


    bedirect wrote: »
    they can seize it on suspicion its evidence, criminal justice act 2006, then you might get it back in a few months if ever, looking at messages and giving it back, no real harm

    Only if its in relation to an arrestable offence...

    ie. One that you can get 5 years or more in jail.

    Drink driving no
    small amount of drugs no
    dangerous driving no
    theft of a mars bar yes

    and so on and so on.


  • #20
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    charlemont wrote: »
    My phone is always locked and I always delete my texts and call registry as I wouldn't want the Guards to know anything that's not of their business.

    Hope you use an old or a basic phone, otherwise that won't work, with smart phones which are like computers they will use Encase which is pretty good at finding deleted stuff.


  • #21
    charlemont
    Closed Accounts Posts: 4,725 ✭✭✭charlemont


    ResearchWill wrote: »
    Hope you use an old or a basic phone, otherwise that won't work, with smart phones which are like computers they will use Encase which is pretty good at finding deleted stuff.

    Its a fairly basic phone alright, Nothing major on it anyway, Bar my Hash habit I'm as clean as a whistle !! But thanks for the advice...


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  • #22
    axiom
    Closed Accounts Posts: 96 ✭✭axiom


    got stopped and searched before (drugs search) about 2 or 3 years back, 2 guards and one starts trawling through my phone, I asked him what section that was covered in and he basically said "we can do it here or down the station" .... had no bothers, was more curious, had absolutely nothing to hide, all he's gonna find is a few lovey dovey texts to the gf, just hate the way they treat you even when asking basic info


  • #23
    washman3
    Registered Users Posts: 3,646 ✭✭✭washman3


    This was nothing more than an ego trip for this a##hole.
    Report him immediately to a Superintendent, demand an explanation.
    Dismiss most of the bull from some posters regarding law and statues.
    This is unwarranted harassment.
    If he did find any messages on your mobile, just say regarding a drug deal, there is no way it would stand up as evidence in any court in the land.
    The people this clown is trying to catch are light years ahead, they simply have a second mobile well hidden. They would just tell him to go fcuk himself anyway. CLOWN.:mad:


  • #24
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    washman3 wrote: »
    This was nothing more than an ego trip for this a##hole.
    Report him immediately to a Superintendent, demand an explanation.
    Dismiss most of the bull from some posters regarding law and statues.
    This is unwarranted harassment.
    If he did find any messages on your mobile, just say regarding a drug deal, there is no way it would stand up as evidence in any court in the land.
    The people this clown is trying to catch are light years ahead, they simply have a second mobile well hidden. They would just tell him to go fcuk himself anyway. CLOWN.:mad:

    There is so much wrong with this post in so many ways.

    For those of you that intend on telling the Garda to go **** himself you should be aware of one or two things. In certain cases you can be committing an offence by not providing the pin or password. In a case where it is not an offence you may be looking at the loss of your phone for months while it is examined. The pin will be broken and the history will be retrieved. It's not difficult. If you have nothing incriminating on it you are better to hand it over and let the Garda look through it. You will most likely get it back then and there and if you feel agrieved you can complain to the Ombudsman about the Garda in relation to abuse of power or breach of privacy.

    In the real world no Garda will engage in a legal discussion with you on the side of the road. If a Garda directs you to do something and you refuse to comply you will often be arrested and/or prosecuted. Unless you are well versed in criminal statute and common law you most likely will not understand the law as much as the Garda does. The best thing to do is to comply with the direction and inform him you are doing it under protest. Afterwards you can make a complaint to the Ombudsman or bring a civil case if you feel your rights have been violated in some way. If the Garda was incorrect he will face discipline. If you were incorrect the most you will be is out of pocket.


  • #25
    Zambia
    Closed Accounts Posts: 7,333 ✭✭✭Zambia


    charlemont wrote: »
    My phone is always locked and I always delete my texts and call registry as I wouldn't want the Guards to know anything that's not of their business.
    Wow thats some self imposed sentence you have taken on.


  • #26
    JG009
    Registered Users Posts: 2,482 ✭✭✭JG009


    MagicSean wrote: »
    There is so much wrong with this post in so many ways.

    For those of you that intend on telling the Garda to go **** himself you should be aware of one or two things. In certain cases you can be committing an offence by not providing the pin or password. In a case where it is not an offence you may be looking at the loss of your phone for months while it is examined. The pin will be broken and the history will be retrieved. It's not difficult. If you have nothing incriminating on it you are better to hand it over and let the Garda look through it. You will most likely get it back then and there and if you feel agrieved you can complain to the Ombudsman about the Garda in relation to abuse of power or breach of privacy.

    In the real world no Garda will engage in a legal discussion with you on the side of the road. If a Garda directs you to do something and you refuse to comply you will often be arrested and/or prosecuted. Unless you are well versed in criminal statute and common law you most likely will not understand the law as much as the Garda does. The best thing to do is to comply with the direction and inform him you are doing it under protest. Afterwards you can make a complaint to the Ombudsman or bring a civil case if you feel your rights have been violated in some way. If the Garda was incorrect he will face discipline. If you were incorrect the most you will be is out of pocket.

    What do you think this is, the soviet union? There are plenty of encrypted apps the gards or even the FBI for that matter won't get into if you don't want them to.


  • #27
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    JG009 wrote: »
    What do you think this is, the soviet union? There are plenty of encrypted apps the gards or even the FBI for that matter won't get into if you don't want them to.

    What is your point exactly? I don't see how your comment about the soviet union relates to the bit you highlighted in bold.


  • #28
    amandaf675
    Registered Users Posts: 488 ✭✭amandaf675


    As far as im aware if you have a pin code or phone lock code they will need a warrent to get you to give it to them! its the same as a car search, if you have the glove box or boot locked they need a warrent to get you to unlock them! i know this because it happened to me but my boot was broken and wouldnt open but they didnt believe me!


  • #29
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    amandaf675 wrote: »
    As far as im aware if you have a pin code or phone lock code they will need a warrent to get you to give it to them! its the same as a car search, if you have the glove box or boot locked they need a warrent to get you to unlock them! i know this because it happened to me but my boot was broken and wouldnt open but they didnt believe me!

    If a Garda has a power to search you then he also has a power to seize anything of evidential value in your posession. It does not have to be related to the reason for your search. If you are searched under the drugs act and they find a knife they can still seize it. If there is something they believe has evidential value in relation to a crime it can be seized and kept until it has been completely examined. So you are not obliged to give the pin but it would probably be in your best interests to do so if you want the item back.


  • #30
    JG009
    Registered Users Posts: 2,482 ✭✭✭JG009


    amandaf675 wrote: »
    As far as im aware if you have a pin code or phone lock code they will need a warrent to get you to give it to them! its the same as a car search, if you have the glove box or boot locked they need a warrent to get you to unlock them! i know this because it happened to me but my boot was broken and wouldnt open but they didnt believe me!

    Thats america.


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  • #31
    JG009
    Registered Users Posts: 2,482 ✭✭✭JG009


    MagicSean wrote: »
    What is your point exactly? I don't see how your comment about the soviet union relates to the bit you highlighted in bold.

    My point was what makes you think they should be allowed to go through phones as they please. You said yourself in a post you are not obliged to give them the pin/codes so why should you? Its not really relevant if its incriminating or not. Its my phone and if I don't feel like giving you the pin I am going to stand by that. Any gard that asks me for a pin can go and whistle.


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