Garda Searchings?

Binomate

I just watched three young lads outside my house get stopped by a Garda on a bike about three minutes. He searched the first lads pockets by putting his hand inside the pocket and he searched the other two lads by patting their pockets the way I thought it was standard protocal to do. It didn't seem as if he asked the first lad if he could search him before he had his hand in his pocket.

The question I ask is what are the Irish citizens rights when it comes to Garda searches? Is it the same as America where by they have to be authorized by the citizen or by a court order to search inside someone's pockets or inside someone's bag etc. ?

Our man in Havana

Misuse of Drugs act gives them the power to search without a warrant or permission. Most abused bit of legislation in Ireland imho.

cheeky_guy

You can refuse to be searched on th estreet in Ireland but they can take you down to the station (not arrested) and search you in front of a witness.

Turner

cheeky_guy wrote:

You can refuse to be searched on th estreet .

True.

cheeky_guy wrote:

but they can take you down to the station (not arrested)

If you refuse to be searched you would be arrested.

cheeky_guy wrote:

search you in front of a witness.

Only Garda witnesses im afraid.

Overheal

Does that not seem f*d up to anyone else?

I mean, whats the point of making a 'request' to search if they can just arrest you and do it anwyay?

Indecisive ******* legislature...make it one or the other!

*sigh*
How much does a Gard need to arrest you, then? Ie, how much reasonable suspicion would they require?

civdef

Reasonable grounds for suspicion to justify a search was described to me (in England) as "being about 30% sure the suspect has committed an offence".

Stop & Search, is an extremely effective policing tool, but also one that causes an awful lot of controversy - usually along the lines of "you're only searching me because I wear a hoodie / am Asian / like Burberry etc. etc.". In England, this resulted in a detailed form being required every time a person is stopped and searched, outlining the reasons for the search and the person's ethnicity (both as defined by the person and the officer), which takes around 7 minutes to fill up for each individual.

Overheal

Hmmm....I see your point; theres decency and then theres Bureaucracy.

Im not saying I would particularly mind being searched, so long as I felt there was a reasonable suspicion (not just for wearing my hoodie and my hobo-gloves (as I do..its really cold outside))

dK1NG

civdef wrote:

Stop & Search, is an extremely effective policing tool, but also one that causes an awful lot of controversy - usually along the lines of "you're only searching me because I wear a hoodie / am Asian / like Burberry etc. etc.". In England, this resulted in a detailed form being required every time a person is stopped and searched, outlining the reasons for the search and the person's ethnicity (both as defined by the person and the officer), which takes around 7 minutes to fill up for each individual.

ah, the joys of PACE....:) :mad: diff things to diff people!

Trojan911

In England & Wales you need reasonable grounds to search a person and that may only be the outer coat hat & gloves anything else is a trip to the local nick for a strip search, a person can be required to squat down during a strip search but only a doctor can perform an internal examination. I beleive that officers can now perform an oral examination and this is not deemed as an internal search, it is used to prevent the swallowing of drugs etc.

A male officer may only search a male person & female on female on the street unless certain criteria apply i.e. terrorism act etc. The form filling after is time consuming and is more like a survey for stats after. As far as I'm aware the Gardaí here also have to have reasonable grounds to search a person they cannot just willy nilly spin someone on the street fishing for grounds to search. The Police & Criminal Evidence Act (P.A.C.E) has changed over the past two years giving officers more powers of search so some of the above may have been ammended.

TJ911...

civdef

PACE = Politicians Assisting Criminals Escape

Overheal

That seems like a good time to plug in a great movie called Boondock Saints: 2 Irish brothers living in Boston get a vision from God that they need to go kill all the criminal lowlifes that the law is restricted from bringing to justice (due to red tape)...Its magnificent

Our man in Havana

civdef wrote:

PACE = Politicians Assisting Criminals Escape

Very Good:)

CPS = Criminal Protection Society.

Trojan911

Bond-007 wrote:

Very Good:)

CPS = Criminal Protection Society.

So accurate.......:D

TheNog

The Misuse of Drugs Act has a provision whereby a garda can searched a person and their immediate surroundings for drugs. THe immediate surroundings also includes a vehicle or vessel that person is travelling in. However the Garda must have reason to believe that person may be carrying drugs on them. An example of this is if that person is a known drug user/dealer or people who sit in their cars in carparks during hours of darkness (this is a regular for drug users/dealers). i must point out that many innocent people sit in their cars and are terrified to see a car (unmarked) racing towards them and two people (recognised as Gardai seconds later) or more jump out. Not an ideal thing to frighten people like that and i realise it can be counter-productive in that people can be turned off by the gardai but the guards have to move quickly before the drugs are thrown away/swallowed.

Overheal

IF its a known dealer: raid the ** * * * * * * * * * * **** * * ** * * *'s house! Seeing as how she/he isn't home.

keano007

the Misuse of Drugs Act does give the Gardai extraordindary power when it come to searching someone but a garda must have reasonable suspicion i.e if the person is known to the garda for doing/dealing drugs but you have to remember the legislation is there for a reason, who wants our children growing up in the society we have at the minute where you only need to walk down the main street of any town in the country and buy drugs

joebhoy1916

Trojan911 wrote:

In England & Wales you need reasonable grounds to search a person and that may only be the outer coat hat & gloves anything else is a trip to the local nick for a strip search, a person can be required to squat down during a strip search but only a doctor can perform an internal examination. I beleive that officers can now perform an oral examination and this is not deemed as an internal search, it is used to prevent the swallowing of drugs etc.

Were not In England or Wales.

I know plenty of people that got the glove and It wasnt by no doctor.

Trojan911

joebhoy1916 wrote:

Were not In England or Wales..

You really should change your name to Bullet, you are extremely quick.

TJ911...