Hypothetical situation

howsdaform

Hello,

Just curious what happens if the gards catch u in possession of someone elses property, is it up to the owner of the property to press charges? If they don't, what goes on record? Thanks in advance

coylemj

Need a lot more info than that. If my neighbour lends me his car and I'm stopped at a checkpoint then technically the Gardai have found me 'in possession of someone elses property' as you describe it but clearly I'm not committing a crime so they're not going to do anything about it.

howsdaform

ok sorry, something obvious like a personal possession such as a phone or a jacket or somethin

meditraitor

Nothing happens unless the owner has reported it missing or makes a complaint....

unless of course the item is illegal, then the popo will press charges

coylemj

howsdaform wrote: »

ok sorry, something obvious like a personal possession such as a phone or a jacket or somethin

Sorry but there's nothing 'obvious' about a phone or a jacket. How would a policeman know that it was somebody else's jacket or phone?

Has this something to do with your other query over in the US forum about being pulled over by the cops and having your name taken?

howsdaform wrote: »

Hows it going? Was just wonderin how do americans define arrest when your filling out the form? Have had my name taken on a couple of occasions for minor offences but was never brought down the barracks or brought to court

howsdaform

No separate

coylemj

For the cops to do anything about it, the person who owns the property has to make a complaint because an essential element in any prosecution for theft is that you did not have the owner's permission to take the goods so he or she has to turn up as a witness and state this in the witness box if the cops are going to get you convicted of theft.

This means that without some level of co-operation from the owner of the property there isn't much they can do.

To answer your other query, if you weren't taken to the station then you were not arrested and so you would not be obliged to report anything on the US Immigration form. Being questioned on the street by the cops does not constitute an arrest.

howsdaform

Nice one, ta. Would there still be a record of the incident?

MagicSean

howsdaform wrote: »

Nice one, ta. Would there still be a record of the incident?

Probably. If not on the Garda system then at the very least in the Gardas notebook

howsdaform

In what circumstances could it be held against u?

coylemj

Seanbeag1 wrote: »

Probably. If not on the Garda system then at the very least in the Gardas notebook

If the only record is a few lines in the Garda's notebook, that constitutes no record at all since it will not show up on any search in Pulse or in the criminal records system.

later12

What would happen if an individual made an initial complaint of theft, and later withdrew it?

Could the complaint of theft not still stand? This sounds like a process that could be very vulnerable to intimidation.

Zambia

coylemj wrote: »

If the only record is a few lines in the Garda's notebook, that constitutes no record at all since it will not show up on any search in Pulse or in the criminal records system.

I would disagree the question was would a record be kept not a electronic record was kept. The notes were taken and if someone went looking they can be recalled later.

It may not be as easily recalled but it can be found if someone went looking.

OP all these questions have been answered in this thread to a quite frankly three year old's level of understanding. You should find your answer there.

http://www.boards.ie/vbulletin/showthread.php?t=2056334266

Zambia

later10 wrote: »

What would happen if an individual made an initial complaint of theft, and later withdrew it?

Could the complaint of theft not still stand? This sounds like a process that could be very vulnerable to intimidation.

No it could not as one of the main piont's of proof is the lack of permisson to take the object.

If person A owns a phone and person B steals it. Person A reports phone stolen to Police, police arrest Person B when they find him in possession of the phone.

Person A then goes to police and says Person B was allowed to take my phone. How can police charge(and prove) person B by with essentially Taking the phone without permisson when they had permisson.

By intimidation do you mean Person B threatening Peron A to withdraw the theft complaint? If so Person A should report that to police and see if charges for that can be brought against Person B. This would be a much heftier charge than theft I suspect.

howsdaform

From what I gathered from that thread that even if there is an electronic record it cannot be shared. Its for the gards use only. That thread was very helpful, thank you.