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Garda arrest procedure

  • 25-09-2010 7:41pm
    #1
    Registered Users, Registered Users 2 Posts: 198 ✭✭


    Hello, not good with computers, hope I do this right.
    Can anyone tell me is it normal when arrested for public disorder/drunk in public place that you are fingerprinted, palm printed and video interviewed under caution?
    No previous trouble ever.
    Thanks.


Comments

  • Registered Users, Registered Users 2 Posts: 11,907 ✭✭✭✭Kristopherus


    If the Gardai consider it appropriate, yes.


  • Registered Users, Registered Users 2 Posts: 198 ✭✭Peterbilt


    Just for being drunk in public?


  • Closed Accounts Posts: 12,102 ✭✭✭✭Drummerboy08


    Peterbilt wrote: »
    Just for being drunk in public?

    We've all been drunk in public before, how else would you get out of the pub? I think there's something more to this that you ain't telling us.


  • Registered Users, Registered Users 2 Posts: 1,085 ✭✭✭BeanFlicker


    Peterbilt wrote: »
    Just for being drunk in public?

    ye must of done something more than just being drunk.....??seems extreme for all of that. I had a piss on the street one night, fairly drunk and ended up getting a summons which was a joke in its self,got thrown out of court, guard was trying to make an example and the use of his power me thinks.!


  • Registered Users, Registered Users 2 Posts: 198 ✭✭Peterbilt


    Pissed, falling around the place and being a danger to myself and others.


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  • Closed Accounts Posts: 34,418 ✭✭✭✭hondasam


    Peterbilt wrote: »
    Hello, not good with computers, hope I do this right.
    Can anyone tell me is it normal when arrested for public disorder/drunk in public place that you are fingerprinted, palm printed and video interviewed under caution?
    No previous trouble ever.
    Thanks.

    seriously if the gardai were to do this with every public order prisoner the would never leave the station. you have to agree to the fingerprints but really just public order ie drunk in the street, can I ask and I dont want to offend you but are you Irish.


  • Registered Users, Registered Users 2 Posts: 198 ✭✭Peterbilt


    As Irish as its possible to be, surname going back before Strongbow ever heard of this place!


  • Registered Users, Registered Users 2 Posts: 444 ✭✭detective


    ye must of done something more than just being drunk.....??seems extreme for all of that. I had a piss on the street one night, fairly drunk and ended up getting a summons which was a joke in its self,got thrown out of court, guard was trying to make an example and the use of his power me thinks.!

    Whats the joke about this? How did it even get thrown out?

    Back to OP, there is no statute power to photo, finger and palm print someone for a public order offence.


  • Registered Users, Registered Users 2 Posts: 198 ✭✭Peterbilt


    They were nice but firm about it, said they had to do it and that I would almost certainly get probation act.
    What happens prints and video? Are they kept indefinately?


  • Closed Accounts Posts: 34,418 ✭✭✭✭hondasam


    Peterbilt wrote: »
    As Irish as its possible to be, surname going back before Strongbow ever heard of this place!

    where did it happen exactly, its not adding up !! must be a very quiet nite in the station.


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  • Registered Users, Registered Users 2 Posts: 198 ✭✭Peterbilt


    Rural area down South. Does it matter, I mean shouldnt it be the same procedure everywhere? Kerry or Dublin or wherever? Is it at their descretion or do they do it with everyone they bring in pissed thats basically what I'm wondering.


  • Closed Accounts Posts: 34,418 ✭✭✭✭hondasam


    Peterbilt wrote: »
    Rural area down South. Does it matter, I mean shouldnt it be the same procedure everywhere? Kerry or Dublin or wherever? Is it at their descretion or do they do it with everyone they bring in pissed thats basically what I'm wondering.

    rural area down south where abouts ???? why not say where it was if you are so bothered about it. were you this vague with the gardai perhaps, not giving your name, or maby giving false name ?


  • Registered Users, Registered Users 2 Posts: 198 ✭✭Peterbilt


    False name to the guards!!?? Are you for real!!


  • Closed Accounts Posts: 7,333 ✭✭✭Zambia


    hondasam wrote: »
    rural area down south where abouts ???? why not say where it was if you are so bothered about it. were you this vague with the gardai perhaps, not giving your name, or maby giving false name ?

    Because its a public forum frequented by garda, no need to name a station.

    Op if you think the gardai at the station where not clear. Here is what I would do.

    1: Read the paperwork they gave you on release
    2: Return to the station and apologise for being a drunken mess. Fair is fair you kept a patrol car off the street for an amount of time. Because you did not know your limits. It happens dont go beating yourself up.
    3: Explain to the officer on duty you dont know why you where fingerprinted. Could he/she please explain the reason.


  • Registered Users, Registered Users 2 Posts: 27 onedaylikethis


    You can also ask for a copy of the video interview. If you were as drunk as you say it might make for entertaining viewing some day.:)


  • Closed Accounts Posts: 34,418 ✭✭✭✭hondasam


    Zambia232 wrote: »
    Because its a public forum frequented by garda, no need to name a station.

    Op if you think the gardai at the station where not clear. Here is what I would do.

    1: Read the paperwork they gave you on release
    2: Return to the station and apologise for being a drunken mess. Fair is fair you kept a patrol car off the street for an amount of time. Because you did not know your limits. It happens dont go beating yourself up.
    3: Explain to the officer on duty you dont know why you where fingerprinted. Could he/she please explain the reason.

    Obvisouly I did not mean the garda station just the county, the south is a big place.


  • Closed Accounts Posts: 34,418 ✭✭✭✭hondasam


    Peterbilt wrote: »
    False name to the guards!!?? Are you for real!!
    why do you think no one ever gave a garda a false name and address, do you think everyone tells the truth all of the time?


  • Closed Accounts Posts: 1,253 ✭✭✭cushtac


    You can also ask for a copy of the video interview. If you were as drunk as you say it might make for entertaining viewing some day.:)

    You can't just ask for copies of interviews, a judge must order this.


  • Registered Users, Registered Users 2 Posts: 315 ✭✭Whitewater-AGS


    You can also ask for a copy of the video interview. If you were as drunk as you say it might make for entertaining viewing some day.:)

    No you cant, your solicitor can ask the judge for a copy or if your representing yourself you may ask, and it will come with strict conditions attached.

    Now then op your not telling the truth or even half truths as was already explained gardai have no statutory power to take prints or conduct electronically recorded interviews for simple public order matters. So basically its safe to assume that your suspected of committing an arrestable offence.


  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    I very much doubt you were interviewed for being drunk. If you were in fact interviewed you were not arrested for just being drunk. It is common practice for some busy garda stations to request signed consent to photograph and print all prisoners. This is for the purposes of identification only. It ensures you are not providing a false name but it also ensures that someone in the future does not provide your name.


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  • Banned (with Prison Access) Posts: 2,043 ✭✭✭me_right_one


    No you cant, your solicitor can ask the judge for a copy or if your representing yourself you may ask, and it will come with strict conditions attached.


    What about the freedom of information act? I thought that allowed you to see any info, digital or paper, that had any connection to you?


  • Banned (with Prison Access) Posts: 1,235 ✭✭✭Bosco boy


    Fill in the blanks if you can remember them OP, the story dosent add up, you may have been arrested for a public order offence initially, and briefly arrested for something like criminal damage when you sobered up in the morning and therefore briefly interviewed on video and subseqently fingerprinted and photographed. Something like that would make sence, call into the station and talk to the sergeant I/c and they will explain all to you.


  • Moderators, Entertainment Moderators, Politics Moderators Posts: 14,550 Mod ✭✭✭✭johnnyskeleton


    Not making any comment about the OP, which is clearly looking for some kind of legal advice or something, but in relation to this:
    What about the freedom of information act? I thought that allowed you to see any info, digital or paper, that had any connection to you?

    That is an interesting point for which there is no clear answer. If someone is charged, then they can only get the interview if the court directs it:

    http://www.irishstatutebook.ie/2007/en/act/pub/0029/sec0056.html#sec56

    However, where someone is not charged, arguably it is open to them to seek it. Maybe a matter for another thread if you're interested.


  • Closed Accounts Posts: 202 ✭✭SparrowTown


    What about the freedom of information act? I thought that allowed you to see any info, digital or paper, that had any connection to you?
    data protection act
    http://www.citizensinformation.ie/categories/justice/law-and-rights/access-to-garda-records
    and
    http://www.dataprotection.ie/viewdoc.asp?DocID=130


  • Banned (with Prison Access) Posts: 1,235 ✭✭✭Bosco boy


    The charge sheet or summons should have a fair bit of information as well!


  • Registered Users, Registered Users 2 Posts: 137 ✭✭Mark25


    I’ve been arrested a couple of time for stuff like that. I was just an hour or two in and then I got out – fill out the form, search, in the cell for a while and then you get the charge sheet and sign the bail thing – never interviewed.

    The only time that it was different was the 1 time I was in for assault and then I got interviewed when I was sobered up and they took a picture and I got fingerprinted.

    It should be on the charge sheets what you got charged with – thing it has to be something a bit more than you say or maybe they decided not to charge you with something after they interviewed you. Did they tell you you could get a solicitor?


  • Registered Users, Registered Users 2 Posts: 2,876 ✭✭✭pirelli


    detective wrote: »
    Whats the joke about this? How did it even get thrown out?

    Back to OP, there is no statute power to photo, finger and palm print someone for a public order offence.

    Here is your answer Peterbilt.. you seem to not have noticed it. :D:D
    Peterbilt wrote: »
    They were nice but firm about it, said they had to do it and that I would almost certainly get probation act.
    What happens prints and video? Are they kept indefinately?
    Peterbilt wrote: »
    Rural area down South. Does it matter, I mean shouldnt it be the same procedure everywhere? Kerry or Dublin or wherever? Is it at their descretion or do they do it with everyone they bring in pissed thats basically what I'm wondering.
    Peterbilt wrote: »
    False name to the guards!!?? Are you for real!!


    Grrrr..And peterbilt swings a punch before wobbling away. Check above peter when you have cooled down.

    Most cars run on petrol IMO. I'M cool with it.


  • Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    Also would anyone know if an arrest record is kept on the pulse system?
    For all eternity.


  • Registered Users, Registered Users 2 Posts: 1,085 ✭✭✭BeanFlicker


    detective wrote: »
    Whats the joke about this? How did it even get thrown out?

    It got thrown out because I had no previous convictions and I'd say its a waste of the judges time.

    Edit:and i apologised to the guard for being a drunken mess.


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  • Banned (with Prison Access) Posts: 1,235 ✭✭✭Bosco boy


    detective wrote: »
    Whats the joke about this? How did it even get thrown out?

    It got thrown out because I had no previous convictions and I'd say its a waste of the judges time.

    Edit:and i apologised to the guard for being a drunken mess.

    No wonder our streets are one big toilet at night!!!


  • Registered Users, Registered Users 2 Posts: 46 d4head77


    I was arrested once and let go. No charges. Does THAT stay on Pulse for ever?


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