Obligation to answer Gardas questions

Erbium

Olla,
I've been doing a bit of study as of late & I am honestly asking these questions in an attempt further my knowledge on my rights as opposed to an attempt to hide any crimes. I'm also asking here since I have yet to get a proper opportunity to practice this.
I have much respect for many of the guards out there & thank many of them for doing an awesome job!

Anyway,
If a member were to stop either walking or driving, more than likely their first question might be...
What is your name?
in which I might respond,
Am I obliged to answer your questions? If so, I am happy to do so under my conditions.

Would I be correct in assuming I'm not obliged?

I'll leave it at that for now as I would like to see what is made of this!

Thanks!

CharlieCroker

for driving, a garda has a right to demand your driving licence. If you don't have it on you, you've committed an offence at which stage a garda can demand name and address under S107 of he Road Traffic Act 1961-2006.

Under the criminal Justice (public order) Act 1994, a garda can demand name and address under 24(2) if he suspects that an offence has been comitted under that act, which covers a wide range of offences!


look at www.irishstatutebook.ie for legal reference

JohnThomas09

CharlieCroker wrote: »

for driving, a garda has a right to demand your driving licence. If you don't have it on you, you've committed an offence at which stage a garda can demand name and address under S107 of he Road Traffic Act 1961-2006.

Under the criminal Justice (public order) Act 1994, a garda can demand name and address under 24(2) if he suspects that an offence has been comitted under that act, which covers a wide range of offences!


look at www.irishstatutebook.ie for legal reference

what about the question they always ask 'Where are you coming from?'
I refuse to answer this.

Erbium

CharlieCroker wrote: »

for driving, a garda has a right to demand your driving licence. If you don't have it on you, you've committed an offence at which stage a garda can demand name and address under S107 of he Road Traffic Act 1961-2006.
Under the criminal Justice (public order) Act 1994, a garda can demand name and address under 24(2) if he suspects that an offence has been comitted under that act, which covers a wide range of offences!

look at www.irishstatutebook.ie for legal reference

Interesting, you see this is my point.
That does sound very intimidating by the way, however it didn't answer my question.
Also chances are, if that were quoted to me it would be likely to be followed up with a "Do you understand?"
in which I would respond...
"Negative, I do not understand nor do I wish to understand, unless obliged to do so."
I have the right to ask & to have my first question answered.
"Am I obliged to answer your questions?"

Guards turn....
Do you see my point?

ch252

If I'm not mistaken, didn't a Garda arrest some terrorist while he was driving away after planting the bombs when he didn't answer the question "where are you coming from" satisfactorily. I'm not sure now what the actual crime was, it was pretty serious anyway. I remember a garda relation of mine telling me that he was taken in before the crime was even commited because the young garda at the checkpoint was on the ball. This would suggest to me that they would probably take you in for replying like you suggested OP. Don't quote me on that story I'm sure somebody here knows the story I'm refering to and the proper facts on it.

I know you're doing this for research but I wouldn't try it out. last time I was in a car that got pulled at a checkpoint the garda asked "were you drinking" driver said no and the garada just replied "weren't you lucky!" and waved him on.

EDIT: delancey42 has it below

Celticfire

What makes you think that you'd be the first smart arse that Garda had ever encountered?

Delancey

The above post I beleieve refers to the arrest of two men , one of whom was later convicted for the assassination of Lord Mountbatten in 1979.
It is true that they were arrested before the bomb had gone off - they had been stopped at a Garda checkpoint ( single Garda on duty I believe ) and had aroused suspicion by appearing nervous and evasive to questions like '' where are you coming from '' , etc. I think that would be called a ' Good Job '

donvito99

I don't see what the problem is with just answering the bloody question. Must everyone be so pedantic as to know the statutes of by heart just to drag things out and make things awkward.

If you have nothing to hide, answer the question, and be done with it, IMO.

Erbium

Celticfire wrote: »

What makes you think that you'd be the first smart arse that Garda has ever encountered?

Your intellectual answer has bedazzled me, grats for your awesome & witty input... I see myself as the opposite of you & so,if I am a smart ass, you are a .... Can you finish that one yourself Mr intelligence? You'll get a shiny sticker...ha...I am a smart ass ^^

darragh-k wrote: »

If I'm not mistaken, didn't a Garda arrest some terrorist while he was driving away after planting the bombs when he didn't answer the question "where are you coming from" satisfactorily. I'm not sure now what the actual crime was, it was pretty serious anyway. I remember a garda relation of mine telling me that he was taken in before the crime was even commited because the young garda at the checkpoint was on the ball. This would suggest to me that they would probably take you in for replying like you suggested OP. Don't quote me on that story I'm sure somebody here knows the story I'm refering to and the proper facts on it.

I know you're doing this for research but I wouldn't try it out. last time I was in a car that got pulled at a checkpoint the garda asked "were you drinking" driver said no and the garada just replied "weren't you lucky!" and waved him on.

Well here is the thing, I will answer the question IF I have to. However, if I'm correct in assuming I don't ..well then, I won't.
and BTW I'm not a 'terrorist', nor am I trying to be evasive.
I'm also pretty sure when I asked a friend of mine down in Templemore, he said "ya, their something about not been able to ask any questions until after you've given your name."

It is only recently that I think I got an understanding as to why this is, MR UPPERCASE NAME on your state issued bit of paper(license, passport etc) is indeed a corporation(not a human), & law cannot be applied to CORPORATIONS/PERSON, only statutes can be applied to companies. ie commercial (contract) law.

& I'm pretty sure a lot of people are totally ignorant to this including those impose these statutes. But like I said, I am not 100% sure of this & no I am not here to insult others or be a 'smart ass' although a dumbass doesn't ask questions....so maybe that dude was right....I might be a smart ass.

And again to the members of the guards ...ahem to the good members of the guards I salut you, keep up the hard work! :cool:

Hooch

Erbium wrote: »

It is only recently that I think I got an understanding as to why this is, MR UPPERCASE NAME on your state issued bit of paper(license, passport etc) is indeed a corporation(not a human), & law cannot be applied to CORPORATIONS/PERSON, only statutes can be applied to companies. ie commercial (contract) law.

This will not become one of those stupid debates. Laws are laws, follow them or face the penalties. Its very simple. This silly debate about brehon law etc always shows its face now and again. Laws are applied to you. Penalties are applied to you.....O and its you that serves time in prison. So please refrain from this debate.

If you argue about the laws etc not applying to you......you'll see how the laws of boards.ie apply to your corporation......

Erbium

nice guy always wrote: »

This will not become one of those stupid debates. Laws are laws, follow them or face the penalties. Its very simple. This silly debate about brehon law etc always shows its face now and again. Laws are applied to you. Penalties are applied to you.....O and its you that serves time in prison. So please refrain from this debate.

If you argue about the laws etc not applying to you......you'll see how the laws of boards.ie apply to your corporation......

Your name implies your a nice guy
& I am new to boards as I'm sure your well aware.
I also did not see a thread on this, so if it is already exists would always nice guy be nice enough to point me in that direction.

I didn't think I broke any 'laws of boards.ie' if I did, sorry.
& btw I'm not arguing about them applying to me I just asked a question.

Erbium

Erbium wrote: »

And again to the members of the guards ...ahem to the good members of the guards I salut you, keep up the hard work! :cool:

It's hard enough work trying to read your posts.

In answer to your question, the gardaí can ask you whatever they like. You can answer if you want to or not.

However, if you have been stopped driving then depending on why you were stopped there are a range of questions that can be asked. If it is on suspicion of driving while intoxicated then you will more than likely be asked where are you coming from. (Pub, party, friends house, are some of the answers given.) The usual follow up to this is have you had a drink / taken drugs? So you can see the need for the questions.

Then following on from that there are the questions covered by statute. (Law). Power to demand your licence / certificate of insurance / NCT.

And there are many more laws that allow a member to demand certain details.

Erbium

Erbium wrote: »

Your name implies your a nice guy
& I am new to boards as I'm sure your well aware.
I also did not see a thread on this, so if it is already exists would always nice guy be nice enough to point me in that direction.

I didn't think I broke any 'laws of boards.ie' if I did, sorry.
& btw I'm not arguing about them applying to me I just asked a question.

Just read the charter.

Erbium

On the charter, I did read it...the most I could see is this might not have been the right place for this.
Perhaps the mod would move the thread if this is the case.

foreign wrote: »

In answer to your question, the gardaí can ask you whatever they like. You can answer if you want to or not.

This doesn't answer the question.... (I'm not trying to be awkward, just specific.) I didn't ask what the guards could ask, nor did I ask did I have the choice to answer or not...I'm well aware that I do.
Actually on that point, if I chose not to say anything, is this is considered granting consent?

foreign wrote: »

So you can see the need for the questions.

Indeed I can

foreign wrote: »

Then following on from that there are the questions covered by statute. (Law).

Open to correction but would 'power of law' be more correct?

I could be totally wrong on this & if so, so be it...I don't mind being wrong!
I asked because I'm unsure & by the looks of it the few who have attempted to answer are just as unsure.

Crann na Beatha

This post has been deleted.

itsallaboutme!!

I dont understand why you would want to challenge a garda when asked what your name is and the need to know whether you are obliged to answer the question or not. Why would you want to make things harder and more awkward for all concerned by not answering. Its a simple question and if you know you have done nothing wrong then what is the problem???

Shield

OP - Your question has been answered a few times, and this is just going to go around and around in circles.

We have a Legal Discussion forum if you want to discuss the finer points of the powers bestowed upon members of An Garda Síochána.

Thread closed.