Gardai and their KGB questioning

nads

Hi all,

Just wondering have the Gardai any legal grounds to ask you questions when they stop you(Stop: road stoppage for tax check/alco test/random check), the type of questions i mean are:
- Where are you going?
- Where have you been?
- Why are you coming from there/going to there?

Can you just stonewall them and say nothing.

Obviously he'd go to town on the car, maybe smash a headlight to screw you but you know what i mean.

Please no replies like i've got off real-live people:
"Ah sure just tell them"
"What have you got to hide"


I rent in Rathgar and there's always garda stoppages, it's bordering on civil liberty infringements, i'm a tax paying adult i want to go anywhere unabated, next they'll be asking for my papers!!!!!

Meine Papieren?

Also i don't agree with random breath-testing - kill me. what's next silicon chips tracking our movements? (i'm being overly crude on purpose!)

silverharp

nads wrote: »

- Where are you going?
- Where have you been?
- Why are you coming from there/going to there?

they seem like pretty inane questions, what are you going to say, "well I was casing this joint..."

apart from police checkpoints I have never had any dealings with them and even there it was a quick look at the tax disk and waved on. They are pretty low key most of the time I guess compared to some countries but you can't go through life without dealing with some plonker with a peaked cap. I know some people that always get stopped at airports , they just have a look that gets them stopped, nothing you can do I am afraid. if it happens alot get a hidden video and put it up on you tube.

jhegarty

Well I agree with the OP.... the nothing to hide crowd won't speak up until the day the man from the government comes to install a camera in their sitting room.....

but on a legal side , read here:
http://www.citizensinformation.ie/categories/justice/arrests/questioning_and_surveillance

Victor

AFAIK such questions are legal. However, they don't actually care all that much about your comings and goings. They are looking at your demeanour - are you intoxicated, fatigued, overly nervous (dead body in boot of car) and so on.

Gobán Saor

Agree with Victor - the questions are legal and may be asked. However there is no legal requirement to answer them!

nads

Cheers! that actually wraps it all up into a nice little bundle, thanks

As Victor said, they are asking relatively inane questions to assess your reactions. Nothing more (i reckon)

Jo King

You are under no obligation to answer questions other than you must give your name and address if asked. The guard can ask any questions he likes and you can answer any questions you like. You can explain to the guard that you are under no obligation to answer any questions other that "what is your name and address". Some guards will back off and some will suddenly have reasonable cause for suspecting that you are in possession of knives and other articles in contravention of the Firearms Act and/ or will have cause that you are in possession of prohibited substances and will search you and your car for the said articles and substances.

Stabshauptmann

http://www.youtube.com/watch?v=j_2GBe2hw6g

johnnyskeleton

If they believe that you are involved in a treasonous / seditious / terrorist act under the offences against the state acts, they can demand that you accound for you movements.

They also have the power to direct traffic, so if you say you are going to X, they can say the road is blocked, take route Y instead.

Trojan911

Jo King wrote: »

Some guards will back off and some will suddenly have reasonable cause for suspecting that you are in possession of knives and other articles in contravention of the Firearms Act and/ or will have cause that you are in possession of prohibited substances and will search you and your car for the said articles and substances.

Very true. I get stopped a lot at checkpoints as I drive a lot. I always find the smile & positive approach gets me waved on very quickly. I doesn't cost me anything to be polite.

I have no issues if I were, or my car was, to be searched, as long as the officer provides me with reasonable grounds to so.

JonAnderton

If you stand there looking gormless when the Gards as you simple questions like whats your name or where are you going/what you doing here.. If just stood there and remained silent, I think I'd be taking you in for a drugs search or to the nearest hospital to be mentally assessed...

ambro25

JonAnderton wrote: »

or to the nearest hospital to be mentally assessed...

...not nearly making much of an effort to dispel the "KGB feel" there, are we?

+1 at the friendly smile, at least the Gard knows in advance he/she isn't going to get aggro... unless they start it!