Stopped and searched by Gardai

johnnykilo

I was stopped and searched by plain clothes Gardai over the weekend, they did a quick search, didn't find anything and then they said i could go. Before they let me go however they took my Name, Address and DOB.

I thought it was a bit intrusive to be honest: not only stopping and searching me but then taking my details too. I have been stopped and searched before but that was about 5-6 years ago, and my details weren't taken that time. Anyone know if it's standard procedure to take personal details like this?

cushtac

It is normal to take such details from people being searched.

PCPhoto

did they tell you the reason they were stopping and searching you ?
(ie suspicion of drugs etc)

did you get their badge numbers ? ..... sounds like a pretty normal stop and search to me - if it becomes a regular thing it could be down to people you hang around with, maybe they have a criminal history....if this is the case, ditch the friend and/or record the date/time of searches and present them to the local "super nintendo" or the garda ombudsman.

ps. reporting to garda ombudsman should only be if the searches are happening on a regular basis - with or without your friends - and possibly if its the same garda, like I said keep a note of dates/times and garda numbers.

johnnykilo

No they didn't really say why they were stopping me, I was just walking into town by myself to meet some friends, i saw a man and a woman crossing the road over towards me, the guy just said "Hello There", flashed the badge and asked to search me.

He didn't say it was suspicion of drugs or anything, he just asked did i have anything i'm not supposed to have on me. The only reason i can think that they stopped me was because i was wearing a hoodie (hood wasn't up). Anyway thanks for the information folks, hopefully it won't become a regular occurence.

Reloc8

That's not a proper legal basis for a search is all I'll say.

I make no comment on the practical aspects of this kind of police operational behaviour and I certainly am not suggesting you take it anyway further, the incident having passed off pleasantly.

johnnykilo

johnnykilo wrote: »

No they didn't really say why they were stopping me, I was just walking into town by myself to meet some friends, i saw a man and a woman crossing the road over towards me, the guy just said "Hello There", flashed the badge and asked to search me.

Reloc8 wrote: »

That's not a proper legal basis for a search is all I'll say.

I make no comment on the practical aspects of this kind of police operational behaviour and I certainly am not suggesting you take it anyway further, the incident having passed off pleasantly.

Searched by consent. No legal reason required there is there? All you have to do is say no or ask for a legal reason.

McCrack

foreign wrote: »

Searched by consent. No legal reason required there is there? All you have to do is say no or ask for a legal reason.

You and I both know in these situations particularly when the subject is a young person (in their teens) the subject doesnt appreciate that they can say no, they feel obliged to consent. Gardai know this and some manipulate it.

Finnbar01

foreign wrote: »

Searched by consent. No legal reason required there is there? All you have to do is say no or ask for a legal reason.

Could you ask to be taking to the nearest garda station and be searched only in the presence of a solicitor?

Reloc8

No. Or at least you could ask but there is no obligation to comply with your request.

Even if arrested for search e.g. pursuant to S. 23 Misuse of Drugs Act and brought to a station you have no right to have a solicitor present while the search takes place. That applies also in general in respect of searches pursuant to a given search power.