Gardai taking passenger names

Tragamin2k2

Didnt know wether to put this in legal or ES. Most times ive been stopped the gaurd, after checking my licence, usually goes and takes all my passengers names and address'.

Glancing through a few of them know your rights style sites I would have assumed that this was not allowed unless any of them were being arrested. Is it allowed?

Zambia

Course it is

TheUsual

Tragamin2k2 wrote: »

Didnt know wether

"Didn't know whether"

TheUsual

Tragamin2k2 wrote: »

gaurd

Gardaí

Terrontress

He's allowed to ask, just as anyone is. And they're allowed to tell him. They can choose not to which might lead him to form a suspicion. In which case he's allowed to demand. And they are obliged to tell him.

So make it easy by just giving him them without fuss and let both sets of you on your way.

Corruptable

I believe they can require a passenger to give their name, but nothing further really. Read it in the ICCL Know Your Rights pack a while back.

Tragamin2k2

TheUsual wrote: »

"Didn't know whether"

TheUsual wrote: »

Gardaí

LOL

Terrontress wrote: »

He's allowed to ask, just as anyone is. And they're allowed to tell him. They can choose not to which might lead him to form a suspicion. In which case he's allowed to demand. And they are obliged to tell him.

So make it easy by just giving him them without fuss and let both sets of you on your way.

Corruptable wrote: »

I believe they can require a passenger to give their name, but nothing further really. Read it in the ICCL Know Your Rights pack a while back.

Yeah usually just gives em the names and address' because id imagine if they refused the next thing id hear is "jaysus them tires look a bit bald" :rolleyes:

McCrack

Ask a mod to post this in the legal discussion forum.

There is a muteness around here and nothing that has been said above can be relied on.

source

McCrack wrote: »

Ask a mod to post this in the legal discussion forum.

There is a muteness around here and nothing that has been said above can be relied on.

What cannot be relied upon? Any member of AGS may ask any person any question they so wish. If they demand an answer they must be acting within a statutory power.

Eru

McCrack wrote: »

Ask a mod to post this in the legal discussion forum.

There is a muteness around here and nothing that has been said above can be relied on.

The advise given is pretty solid. What magical wisdom do you expect the legal section to add?

OP, there's limits to when a Garda can DEMAND a passengers information but any Garda can ask any person any question and in return they can refuse to answer. Just like any person in any situation really.

Tragamin2k2 wrote: »

"jaysus them tires look a bit bald"

TYRES

(Isn't it amazing how people that cant even spell are the ones that have an issue with Gardai?)

psychward

Eru wrote: »

TYRES

(Why is it always the anti Garda geniuses that can't spell?)

Maybe he refuses to use the Queens English and prefers American English instead .

nite

Tragamin2k2

Eru wrote: »

The advisegiven is pretty solid. What magical wisdom do you expect the legal section to add?

OP, there's limits to when a Garda can DEMAND a passengers information but any Garda can ask any person any question and in return they can refuse to answer. Just like any person in any situation really.



TYRES

(Isn't it amazing how people that cant even spell are the ones that have an issue with Gardai?)

psychward wrote: »

Maybe he refuses to use the Queens English and prefers American English instead .

nite

:cool: hawhaw

Mr. Presentable

OP, "most times"?

Seriously, how often and why are you stopped?

On the rare occasion I am stopped it is at a tax check or similar, and there's never any question of asking for ID from me or any passengers.

Maybe you need to examine why you are being stopped rather than why you are being asked your name.

Tragamin2k2

No reason. Usually asked if ive been drinkin, how long i have the car etc, or to bring the insurance cert into em in the next ten days. Was stopped last week and last time before that was about a month ago. In the 2 weeks leading up to my driving test i was stopped 4 times, there was bets goin with the lads every time we went somewhere wHether we'd be stopped or not

MagicSean

Tragamin2k2 wrote: »

No reason. Usually asked if ive been drinkin, how long i have the car etc, or to bring the insurance cert into em in the next ten days. Was stopped last week and last time before that was about a month ago. In the 2 weeks leading up to my driving test i was stopped 4 times, there was bets goin with the lads every time we went somewhere wHether we'd be stopped or not

Do you have tinted windows, a loud exhaust and L plates? This kind of thing would draw attention to you.

deadwood

Eru wrote: »

(Isn't it amazing how people that cant even spell are the ones that have an issue with Gardai?)

You could polish up on your punctuation there.

Tragamin2k2

MagicSean wrote: »

Do you have tinted windows, a loud exhaust and L plates? This kind of thing would draw attention to you.

NO. Full licence, normal exhaust, no tints. 1.4 00 daewoo.

charlemont

What brings ye up this way at this time of the night ? Could you move your vehicle* to the side of the road there like a good man, Turn off your engine and remove your key from the ignition.

*Love the way they pronounce Vehicle.

psychward

deadwood wrote: »

You could polish up on your punctuation there.

What have Polish people got to do with anything

sdanseo

McCrack wrote: »

Ask a mod to post this in the legal discussion forum.

There is a muteness around here and nothing that has been said above can be relied on.

The advice is generally doled out here by serving Gardaí who have verified their job to the mods. They're not going to give out operational answers in case it comes back on them, and I don't mean that in a bad way, it's a sad fact that if a Garda gives out stink about something here and is found out, there could be disciplinary issues as a result.

Zambia

Tragamin2k2 wrote: »

NO. Full licence, normal exhaust, no tints. 1.4 00 daewoo.

Then the issue is you mate... Sorry to be the bearer of bad news.

McCrack

sdeire wrote: »

The advice is generally doled out here by serving Gardaí who have verified their job to the mods. They're not going to give out operational answers in case it comes back on them, and I don't mean that in a bad way, it's a sad fact that if a Garda gives out stink about something here and is found out, there could be disciplinary issues as a result.

Right well I see now that the thread has opened more which is welcome.

The OP question was not a question on Garda operational issues but a legal question on powers. That's why I was questioning the initial muteness.

To answer the OP question the driver of a car must give his/her name and address (only) on demand but passengers do not unless voluntarily given.

Eru

deadwood wrote: »

You could polish up on your punctuation there.

Ha, damn Google and its US spell check. Arent I the fool

deadwood

Eru wrote: »

Ha, damn Google and its US spell check. Arent I the fool

Aren't you just.

msg11

MagicSean wrote: »

Do you have tinted windows, a loud exhaust and L plates? This kind of thing would draw attention to you.

No it dose not, I drive a lancer evolution and have never been stopped in it.

On the other hand.

Driving like a complete lunatic will get you pulled over.

Why wouldn't your passengers just give there name, it's quicker and easier for all parties.

bk

msg11 wrote: »

Why wouldn't your passengers just give there name, it's quicker and easier for all parties.

I would assume that if they haven't done anything wrong, then they are entitled to their privacy.

After all we aren't a police state.

Hooch

TheUsual wrote: »

"Didn't know whether"

TheUsual wrote: »

Gardaí

Nothing to contribute to this discussion bar that??? No???? Then please don't bother posting. Infracted


@ EVERYONE - Lay off being pedantic please.....grammer Nazis

McCrack wrote: »

Ask a mod to post this in the legal discussion forum.

There is a muteness around here and nothing that has been said above can be relied on.

To be fair, replies like that could very easily taken as trolling by our readers.......

deadwood

It's spelled "grammar", Hooch.

Shield

deadwood wrote: »

It's spelled "grammar", Hooch.

Infracted for ignoring a moderator's instructions.

No further comment on this post please.

Back on topic.

Thanks.