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.
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.
If they really want to get into your phone they will. If there's nothing in it it is in your own interest to speed up the process by giving the pin.
I never said they should be allowed go through phones as they please.
Man - you roll over easy.
There's a good boy.
Is there supposed to be some pride in being difficult for the hell of it?
Man, there is some serious paranoia in this thread.
If the Gardaí want to read my texts, sure let them... lets see what's on my phone now: texts to my girlfriend about buying vodka in Superqunn or O'Briens (RIVETING!), a few texts to co-workers about meeting for coffee (INCRIMINATING!), a very nice conversation with my mother about my parents' 30th wedding anniversary (SCANDALOUS!) and a text from UPC telling my my bill is due (DUN DUN DUNNNN).
Seriously, what kind of things are you people texting about that you're afraid for a Garda to see!? "Good thing we cooked all that meth last night and gave it out to kids at the local primary school!"
depends... the can seize / examine anything which tehy believe is evidence to an arrestable offence....
Section 7 Criminal Jutice Act 2006 allows this....
Best thing to do under questionable circumstances is call your solicitor for advise, on your mobile phone.
Would certainly not trust the guards.
Where do you draw the line? Would you allow people to see your medical records? Am I allowed to watch you take a shower. And video it. And put it on the internet?
Do you not value privacy or civil liberties at all?
i think if they are taking your phone you dont get a choice to use it 1st... i think its taken right then for obvious reasons...
Total apples and oranges comparison. The people spouting on about "civil liberties" are usually the ones who understand the concept the least.
Explain how it is a 'total apples and oranges' comparison.
Someone that believes the two examples are completely unconnected probably understands little about civil liberties.
If you cant see a difference between a Garda using a lwaful power or requesting with a valid reason to look through someones phone and a stranger videoing someone without their knowledge and posting it on the internet then it's unlikely anyone here will have the ability or patience to explain it to you.
'Lawful power' and 'valid reason'
These are the important terms you have used.
If an action is lawful in a certain jurisdiction, it does not automatically mean that it does not contravene civil liberties. If someone's right to privacy is being infringed, then this is an invasion of civil liberties.
Throughout history we see where people's rights are legally being infringed. Slavery was once legal, for example. This is at the other end of the scale, but it is still contravening civil liberties, just the same as the privacy example cited by the OP.