A few questions please....

irishrgr

Are all arrestees fingerprinted by Gardai? Anyone we nick is fingerprinted and photographed regardless of the offense as a means of positive identification verification and recording of the arrest/detention.

We can do a "Terry frisk" (named after the court case) for officer safety, without probable cause/arrest. Can/do Gardai do same?

Miranda rights, always a good one (also named after the case), plenty of morons gobbing on about "you didn't read me my rights". True, I don't have to unless I'm going to question you AFTER arrest with the intention of using the information. If I've nicked you, I generally have everything I need (victim, witness, or the elements of the offense itself) Most of that is done by the detectives who interrogate subjects.

Is it the same in Ireland?

What is a caution? We give written warnings, commonly for traffic tickets or very minor violations (barking dogs, noisy music after hours, that sort of thing). Over here, other than documenting the officer contact and that you were warned, it has no other meaning under law. Is it the same thing?

Arrest proceedures in Ireland, what are they? Again, here, it's arrest & handcuff the subject, pat-down (the post arrest one is usually more detailed/thorough), confirm detials (ID, etc, check if they have existing warrants), drive to central booking. At central booking they get fingerprinted, photographed, completely searched by the jailers, (very thorough) tie, laces, belt, etc removed, they sign a receipt for property and go sit in holding (or a single cell if they are violent). Arresting officer does their booking sheets, charge sheet, turn it on and off you go.

Subjects will see a majistrate usually within 8 hours who makes a disposition (bail & amount, or continued detention, formal charges read out) and the court system takes it from there. And yes payphones are available at central booking and you can call whoever you like.

Only worked a bit here lately, it's been quiet though.

A

MagicSean

irishrgr wrote: »

Are all arrestees fingerprinted by Gardai? Anyone we nick is fingerprinted and photographed regardless of the offense as a means of positive identification verification and recording of the arrest/detention.

No. There is no power to fingerprint all arrestees. A person can be photographed for the purpose of identification in relation to court proceedings.

irishrgr wrote: »

We can do a "Terry frisk" (named after the court case) for officer safety, without probable cause/arrest. Can/do Gardai do same?

No.

irishrgr wrote: »

Miranda rights, always a good one (also named after the case), plenty of morons gobbing on about "you didn't read me my rights". True, I don't have to unless I'm going to question you AFTER arrest with the intention of using the information. If I've nicked you, I generally have everything I need (victim, witness, or the elements of the offense itself) Most of that is done by the detectives who interrogate subjects.

Is it the same in Ireland?

The caution is our version of the miranda rights. It puts a person on notice that what they say can be used in evidence. If a person is brought into custody they are given a seperate set of rights in relation to solictors, doctors etc

irishrgr wrote: »

What is a caution? We give written warnings, commonly for traffic tickets or very minor violations (barking dogs, noisy music after hours, that sort of thing). Over here, other than documenting the officer contact and that you were warned, it has no other meaning under law. Is it the same thing?

We have an adult caution system which is basically a formal caution that is not recorded as a conviction. You only get one though.

irishrgr wrote: »

Arrest proceedures in Ireland, what are they? Again, here, it's arrest & handcuff the subject, pat-down (the post arrest one is usually more detailed/thorough), confirm detials (ID, etc, check if they have existing warrants), drive to central booking. At central booking they get fingerprinted, photographed, completely searched by the jailers, (very thorough) tie, laces, belt, etc removed, they sign a receipt for property and go sit in holding (or a single cell if they are violent). Arresting officer does their booking sheets, charge sheet, turn it on and off you go.

pretty much the same.

irishrgr wrote: »

Subjects will see a majistrate usually within 8 hours who makes a disposition (bail & amount, or continued detention, formal charges read out) and the court system takes it from there. And yes payphones are available at central booking and you can call whoever you like.

Only worked a bit here lately, it's been quiet though.

A

A person can be bailed from the station on station bail to appear in court on a specific date. There are occasions when a person will be kept for court such as if they have outstanding warrants or have breached a domestic violence order. You can't call anyone you like. You can have someone notified that you are in the station but any contact it is at the discretion of the member in charge.

bluetop

I personally dont think this is the place to be giving this sort of information, as to what happens people in the station, this could compromise things, dont you think.

Corruptable

bluetop wrote: »

I personally dont think this is the place to be giving this sort of information, as to what happens people in the station, this could compromise things, dont you think.

I don't see why as it's all in the public domain already, and it's basic Criminal Procedure which is thought on any basic law or legal studies course.

S.I. No. 119/1987 — Criminal Justice Act, 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations, 1987.

MagicSean

bluetop wrote: »

I personally dont think this is the place to be giving this sort of information, as to what happens people in the station, this could compromise things, dont you think.

Not really. It's common knowledge and set out in legislation. There's no point in secrecy for the sake of it. That kind of thing gives the organisation a bad name.

Corruptable

MagicSean wrote: »

Not really. It's common knowledge and set out in legislation. There's no point in secrecy for the sake of it. That kind of thing gives the organisation a bad name.

Jeez Sean, I hope this isn't the sum total of the introductory legal training they get in the Reserves :eek:.

irishrgr

Fair enough and thanks for the insight. Interesting about the fingerprinting though, here it's not legislated as such it is formally part of the process. Without digging too much further into it, there are court precedents that cover it. At this point you can assume almost every aspect of the criminal justice system has been affirmed by a court at one point.

Is fingerprinting voluntary then or only in certain crimes?

Same with booking photos (the ones you see on the news), part of the process, it documents who was arrested. In Ireland only in certain cases then?

Given that over here 99% of the population has a driving license which has a picture, how do Gardai commonly identify someone they interact with?

In the US there is no law requiring one to carry ID and in TX, State law requires you to "identify yourself to a peace officer when lawfully requested" but the law doesn't actually define what is ID. In practice we use any govt ID (driving license, military ID, passport, govt employer issued ID, etc). If the requesting officer is satisified with whatever is produced, they are good to go.

Thanks,

A

MadsL

Same with booking photos (the ones you see on the news), part of the process, it documents who was arrested.

My local news station has a "Who was arrested" section...could you do such a thing in Ireland with booking photos?

http://www.koat.com/slideshow/news/28561255/detail.html