Misuse of drugs act?

thedoc46

I hope this is the right place to post, I was stopped and searched by an unmarked Car last night, and i want to clarify something, the Garda found a little bit of weed on a friend of mine ( well she voluntarily gave it to them) and confiscated her phone and threaten to impound my car as a result,

My question is can they confiscate her phone the way they did and are they within there right to take the car even after a full drug search of the car? (which was inconclusive in finding anything) plus they were saying something about searching our phone records. any replies much appreciated.

cushtac

Go talk to a solicitor, we're not qualified to give legal advice here.

Zambia

thedoc46 wrote: »

I hope this is the right place to post, I was stopped and searched by an unmarked Car last night

You should be happy you were not car jacked. How do you know they where garda sounds to me like someone stole your stash and nicked your phone.

On a serious note, I don't know there is a bit you have left out though.

Why would an unmarked car stop and search you? If its not traffic they must have had a very good reason to suspect you.

You should just let it go they did not take your car, you were not arrested.

Yes its common knowledge Your phone records can be given to Gardai if they follow the procedures laid down by law. Long story short if you are a good bloke they cant if you start commiting crimes you may as well send them your phone bill.

Long story short let it go. They sound like they where doing their job your friend was carrying a prohibited substance.

thedoc46

Thanks for the replies, Im not actually seeking legal advice here just some clarification on the way they just automatically took her phone and started reading through her messages and then taking it and then threatening to take the car even when there was nothing in the car, can this be done under the misuse of drugs act, what is the limitation of a Garda search under the misuse of drugs act?

I actually have no idea why i was pulled but the Garda was saying that my car is a "drug dealer's" as in the type drug dealers drive and i explained i was not aware that every Audi on the road is now classed a drug dealers car,

I'm not going any further with this i was just looking for clarification. Thanks for the replies.

Zambia

No worries, bet they didnt tell you that in the dealership did they?

Hooch

thedoc46 wrote: »

Thanks for the replies, Im not actually seeking legal advice here just some clarification on the way they just automatically took her phone and started reading through her messages and then taking it and then threatening to take the car even when there was nothing in the car, can this be done under the misuse of drugs act, what is the limitation of a Garda search under the misuse of drugs act?

I actually have no idea why i was pulled but the Garda was saying that my car is a "drug dealer's" as in the type drug dealers drive and i explained i was not aware that every Audi on the road is now classed a drug dealers car,

I'm not going any further with this i was just looking for clarification. Thanks for the replies.

Section 23 Misuse of Drugs Act covers reading text message and seizing it if the member suspects that the phone is being used in relation to the sale or supply of drugs.

Even if there are no texts on the phone it can still be seized to recover messages from the memory. In relation to the car....did you buy it from a shady gentleman???? Maybe a past owner?

nice guy always

nice guy always wrote: »

In relation to the car....did you buy it from a shady gentleman???? Maybe a past owner?

What does it matter? They found drugs in it.

the locust

I suppose if there was a bit of history attached to the vehicle, that could be one of the reasons why the vehicle was stopped in the first place

the locust

the locust wrote: »

I suppose if there was a bit of history attached to the vehicle, that could be one of the reasons why the vehicle was stopped in the first place

Or the vehicle was parked up in a suspicious place, they moved off on seeing a garda car arrive, somebody phoned reporting them, etc, etc.

There are so many reasons for a car to be pulled and the OP does not list a reason why or may not have one.

meathstevie

Well I suppose the Garda's reasonable suspicions as grounds for a search in this case have been proven to be correct and it's quite reasonable to suspect that the seized phone contains evidence of an offence. At the end of the day cannabis is an illegal drug and has to be self grown or sourced from a drugdealer as there's no means of getting it otherwise and how do most drug users contact their dealers ? Phone or face to face. Amen

I can understand that you personally look upon a bit of blow as something fairly harmless but what you're doing is providing income for what's at the end of the day a billions of Euro a year illegal industry ran by serious dangerous criminals.

donvito99

thedoc46 wrote: »

I was stopped and searched by an unmarked Car last night

Pretty amazing car if it was able to do that...

Zambia

donvito99 wrote: »

Pretty amazing car if it was able to do that...

That will be the upgraded police pack on the Mondeo.

Irish_polizei

If you bought the car fairly recently there may have been a marker placed on your car as result of previous owners being up to no good if you can understand me??

Turner

Nothing out of the ordinary here....

Your car was searched under Section 23 Misuse of Drugs Act 1977/84..

23.—(1) A member of the Garda Síochána who with reasonable cause suspects that a person is in possession in contravention of this Act of a controlled drug, may without warrant—

( a ) search the person and, if he considers it necessary for that purpose, detain the person for such time as is reasonably necessary for making the search,

( b ) search any vehicle, vessel or aircraft in which he suspects that such drug may be found and for the purpose of carrying out the search may, if he thinks fit, require the person who for the time being is in control of such vehicle, vessel or aircraft to bring it to a stop and when stopped to refrain from moving it, or in case such vehicle, vessel or aircraft is already stationary, to refrain from moving it, or

( c ) seize and detain anything found in the course of a search under this section which with such cause appears to him to be something which might be required as evidence in proceedings for an offence under this Act.

(2) Nothing in this section shall operate to prejudice any power to search, or to seize or detain property which may be exercised by a member of the Garda Síochána apart from this section.



12.—section 23 of the Principal Act is hereby amended by—

(a) the insertion of "(and any substance, article or other thing on or in the vehicle, vessel or aircraft)" before "and for the purpose" in paragraph (b) of subsection (1);

(b) the insertion of "examine (by opening or otherwise) and" before "seize" in paragraph (c) of subsection (1);

( c ) the insertion of the following subsections after subsection (1):

"(1A)Where a member of the Garda Síochána decides to search a person under this section, he may require the person to accompany him to a Garda Station for the purpose of being so searched at that station.

(1B) Where a member of the Garda Síochána decides to search a vehicle, vessel or aircraft under this section he may as regards the person who appears to him to be the owner or in control or charge for the time being of the vehicle, vessel or aircraft make any one or more or all of the following requirements:

( a ) require such person, pending the commencement of the search, not to remove from the vehicle, vessel or aircraft, as may be appropriate, any substance, article or other thing,

( b ) in case the decision relates to a vehicle and the place at which he finds the vehicle is in his reasonable opinion unsuitable for such search, require such person forthwith to take the vehicle or cause it to be taken to a place which he considers suitable for such search and which is specified by him,

( c ) require the person to be in or on or to accompany the vehicle, vessel or aircraft, as may be appropriate, for so long as the requirement under this paragraph remains in force.

(1C) Where there is a failure to comply with a requirement made under this section the following provisions shall apply—

( a ) in case the requirement was made under subsection (1A) of this section, the member of the Garda Síochána concerned may arrest without warrant the person of whom the requirement was made, and

( b ) in case the requirement is a requirement mentioned in paragraph ( b ) of subsection (1B) of this section, such member may take the vehicle concerned, or cause it to be taken, to a place which he considers suitable for a search under this section.

(1D) Where a requirement is made of a person under this section—

( a ) in case the requirement is a requirement mentioned in paragraph (c) of subsection (1B) of this section, if at any time while the requirement is in force the person of whom it was made is neither in nor on nor accompanying the vehicle, vessel or aircraft, as may be appropriate, in relation to which the requirement was made, he shall be guilty of an offence,

( b ) in case of any other requirement under this section the person who fails to comply with the requirement shall be guilty of an offence.

(1E) A requirement mentioned in paragraph ( c ) of subsection (1B) of this section shall remain in force until the search in relation to which it is made is completed.

(1F) Where a requirement described in paragraph ( a ) of subsection (1B) of this section is made of a person, the search in relation to which the requirement is made shall be carried out as soon as is practicable.",

and the said paragraphs (b) and (c), as so amended, are set out in paragraphs 1 and 2, respectively, of the Table to this section.

TABLE

1. (b) search any vehicle, vessel or aircraft in which he suspects that such drug may be found (and any substance, article or other thing on or in the vehicle, vessel or aircraft) and for the purpose of carrying out the search may, if he thinks fit, require the person who for the time being is in control of such vehicle, vessel or aircraft to bring it to a stop and when stopped to refrain from moving it, or in case such vehicle, vessel or aircraft is already stationary, to refrain from moving it, or

2. (c) examine (by opening or otherwise) and seize and detain anything found in the course of a search under this section which with such cause appears to him to be something which might be required as evidence in proceedings for an offence under this Act.



Drugs were found and a phone was seized. The Gardai can go through anything found in the car/boat/aircraft including electronic devices. They can search your car there and then or impound it for a search.

Great power the Gardai have to be honest and it is widely used every day.

meathstevie

Chief--- wrote: »

Nothing out of the ordinary here....

Your car was searched under Section 23 Misuse of Drugs Act 1977/84..

23.—(1) A member of the Garda Síochána who with reasonable cause suspects that a person is in possession in contravention of this Act of a controlled drug, may without warrant—

( a ) search the person and, if he considers it necessary for that purpose, detain the person for such time as is reasonably necessary for making the search,

( b ) search any vehicle, vessel or aircraft in which he suspects that such drug may be found and for the purpose of carrying out the search may, if he thinks fit, require the person who for the time being is in control of such vehicle, vessel or aircraft to bring it to a stop and when stopped to refrain from moving it, or in case such vehicle, vessel or aircraft is already stationary, to refrain from moving it, or

( c ) seize and detain anything found in the course of a search under this section which with such cause appears to him to be something which might be required as evidence in proceedings for an offence under this Act.

(2) Nothing in this section shall operate to prejudice any power to search, or to seize or detain property which may be exercised by a member of the Garda Síochána apart from this section.



12.—section 23 of the Principal Act is hereby amended by—

(a) the insertion of "(and any substance, article or other thing on or in the vehicle, vessel or aircraft)" before "and for the purpose" in paragraph (b) of subsection (1);

(b) the insertion of "examine (by opening or otherwise) and" before "seize" in paragraph (c) of subsection (1);

( c ) the insertion of the following subsections after subsection (1):

"(1A)Where a member of the Garda Síochána decides to search a person under this section, he may require the person to accompany him to a Garda Station for the purpose of being so searched at that station.

(1B) Where a member of the Garda Síochána decides to search a vehicle, vessel or aircraft under this section he may as regards the person who appears to him to be the owner or in control or charge for the time being of the vehicle, vessel or aircraft make any one or more or all of the following requirements:

( a ) require such person, pending the commencement of the search, not to remove from the vehicle, vessel or aircraft, as may be appropriate, any substance, article or other thing,

( b ) in case the decision relates to a vehicle and the place at which he finds the vehicle is in his reasonable opinion unsuitable for such search, require such person forthwith to take the vehicle or cause it to be taken to a place which he considers suitable for such search and which is specified by him,

( c ) require the person to be in or on or to accompany the vehicle, vessel or aircraft, as may be appropriate, for so long as the requirement under this paragraph remains in force.

(1C) Where there is a failure to comply with a requirement made under this section the following provisions shall apply—

( a ) in case the requirement was made under subsection (1A) of this section, the member of the Garda Síochána concerned may arrest without warrant the person of whom the requirement was made, and

( b ) in case the requirement is a requirement mentioned in paragraph ( b ) of subsection (1B) of this section, such member may take the vehicle concerned, or cause it to be taken, to a place which he considers suitable for a search under this section.

(1D) Where a requirement is made of a person under this section—

( a ) in case the requirement is a requirement mentioned in paragraph (c) of subsection (1B) of this section, if at any time while the requirement is in force the person of whom it was made is neither in nor on nor accompanying the vehicle, vessel or aircraft, as may be appropriate, in relation to which the requirement was made, he shall be guilty of an offence,

( b ) in case of any other requirement under this section the person who fails to comply with the requirement shall be guilty of an offence.

(1E) A requirement mentioned in paragraph ( c ) of subsection (1B) of this section shall remain in force until the search in relation to which it is made is completed.

(1F) Where a requirement described in paragraph ( a ) of subsection (1B) of this section is made of a person, the search in relation to which the requirement is made shall be carried out as soon as is practicable.",

and the said paragraphs (b) and (c), as so amended, are set out in paragraphs 1 and 2, respectively, of the Table to this section.

TABLE

1. (b) search any vehicle, vessel or aircraft in which he suspects that such drug may be found (and any substance, article or other thing on or in the vehicle, vessel or aircraft) and for the purpose of carrying out the search may, if he thinks fit, require the person who for the time being is in control of such vehicle, vessel or aircraft to bring it to a stop and when stopped to refrain from moving it, or in case such vehicle, vessel or aircraft is already stationary, to refrain from moving it, or

2. (c) examine (by opening or otherwise) and seize and detain anything found in the course of a search under this section which with such cause appears to him to be something which might be required as evidence in proceedings for an offence under this Act.



Drugs were found and a phone was seized. The Gardai can go through anything found in the car/boat/aircraft including electronic devices. They can search your car there and then or impound it for a search.

Great power the Gardai have to be honest and it is widely used every day.

And may I add that it tends to be used rather wisely and balanced as well.

Turner

Oh of course!!!

the locust

absolutely!