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Stop and search laws ?

  • 29-02-2012 6:42pm
    #1
    mr.tyke
    Closed Accounts Posts: 4 ✭


    I've been stopped and searched on many occasions by are "friends" the Gardai and all these occasions i've not committed any crimes prior to these searches or believe that the Gard would have any real reason to search me.

    The majority of the time they use the misuse of drugs act to justify these searches which i know give them the power to stop and search as they please. I have never disputed with the Gard searching me as i know it will just create extra hassle for myself but at this stage i am rather sick of it. i'm under 18 and pose very little threat to society so my question's are:

    since i'm under 18 can he legally search me without parental consent ?
    can i ask him on what basis is he conducting the search and refuse if it's not justifiable ?
    are bags covered under the miss use of drugs act ?
    and do they have the right to stop and pull over the car with no basis for a search and search the occupants ?

    This may sound quite shady, but there are reasons as i got stopped and searched walking to the shop where a friends were going to collect me and after the Gard had left my friends drove past the Gard leaving and he pulled over my friend straight after and searched them. I found it quite odd and was just wondering if he had any right to do this as i found it to be a tid bit over board

    any answers to my questions will be much appreciated.
    Tagged:


Comments

  • #2
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    mr.tyke wrote: »
    since i'm under 18 can he legally search me without parental consent ?

    Yes he can
    mr.tyke wrote: »
    can i ask him on what basis is he conducting the search and refuse if it's not justifiable ?

    You can ask but he doesn't have to tell you. You can refuse but you will likely be arrested.
    mr.tyke wrote: »
    are bags covered under the miss use of drugs act ?

    Yes
    mr.tyke wrote: »
    and do they have the right to stop and pull over the car with no basis for a search and search the occupants ?

    No. Not without a reason. But they don't have to tell you the reasons.


  • #3
    source
    Registered Users, Registered Users 2 Posts: 5,303 ✭✭✭source


    mr.tyke wrote: »
    since i'm under 18 can he legally search me without parental consent ?

    Simple answer, yes he can.
    mr.tyke wrote: »
    can i ask him on what basis is he conducting the search and refuse if it's not justifiable ?

    Most will explain if asked politely, Refusal will result in detention and search at the Garda station, also as you are under 18 you will have to be held until a parent or guardian collects you.
    mr.tyke wrote: »
    are bags covered under the miss use of drugs act ?

    Yes
    mr.tyke wrote: »
    and do they have the right to stop and pull over the car with no basis for a search and search the occupants ?

    This may sound quite shady, but there are reasons as i got stopped and searched walking to the shop where a friends were going to collect me and after the Gard had left my friends drove past the Gard leaving and he pulled over my friend straight after and searched them. I found it quite odd and was just wondering if he had any right to do this as i found it to be a tid bit over board

    any answers to my questions will be much appreciated.

    They obviously thought you hanging around looked suspicious, ie, waiting around an area used to sell or buy drugs. Searched you and didn't find anything, you then met with people in a car and they decided to search the vehicle. Remember just because you don't see a reason for it, doesn't mean there isn't a reason for their actions.

    Edit: Beaten by Sean


  • #4
    mr.tyke
    Closed Accounts Posts: 4 ✭mr.tyke


    MagicSean wrote: »
    Yes he can



    You can ask but he doesn't have to tell you. You can refuse but you will likely be arrested.



    Yes



    No. Not without a reason. But they don't have to tell you the reasons.
    source wrote: »
    Simple answer, yes he can.



    Most will explain if asked politely, Refusal will result in detention and search at the Garda station, also as you are under 18 you will have to be held until a parent or guardian collects you.



    Yes



    They obviously thought you hanging around looked suspicious, ie, waiting around an area used to sell or buy drugs. Searched you and didn't find anything, you then met with people in a car and they decided to search the vehicle. Remember just because you don't see a reason for it, doesn't mean there isn't a reason for their actions.

    Edit: Beaten by Sean

    thanks for clearing it up for me but no thanks for telling me the amount of power these guys actually have haha. I hope i'm not the only one who this is a breech of human rights to privacy


  • #5
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    mr.tyke wrote: »
    thanks for clearing it up for me but no thanks for telling me the amount of power these guys actually have haha. I hope i'm not the only one who this is a breech of human rights to privacy

    You are not. You will find many friends over on Indymedia.


  • #6
    McCrack
    Registered Users, Registered Users 2 Posts: 2,991 ✭✭✭McCrack


    Under the Misuse of Drugs Act the Gardai must have reasonable cause to search you. That's not defined but common sense would dictate what such cause might be. Things like being seen with known drug offenders, dilated pupils, smells or indeed hot rock burns in your clothing could indicate you are smoking hash and all would be reasonable cause to search you.

    You are entitled to be told the reason for the search (i.e. under the MDA) but the Gardai do not have to disclose their grounds.

    If you are having concerns about being stopped and searched pursuant to MDA legislation contact a criminal practising solicitor for advice. Obviously if the Gardai and not in uniform ask for ID and names and note these. If in uniform note shoulder number as well as date/time/location.

    Unfortunately some Gardai do use and abuse MDA legislation as a free hand to search people (particularly young people). If this is the case you can make a claim for compensation.


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  • #7
    Finnbar01
    Registered Users, Registered Users 2 Posts: 2,077 ✭✭✭Finnbar01


    MagicSean wrote: »
    You are not. You will find many friends over on Indymedia.

    And I'm sure he'll find a few friends here as well.


  • #8
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    Finnbar01 wrote: »
    And I'm sure he'll find a few friends here as well.

    I think most people on this forum are wise enough to understand the need for powers of search for effective enforcement of particular pieces of legislation. Powers of search aren't actually very common. Drugs, weapons and offences against the state are the only ones used and I doubt anyone could argue successfully against the need for them.

    Some people might have a problem with powers being abused or with particular legislation being enforced but that is separate to the issue of whether the powers themselves are excessive. If anything there is a string case for extending powers of search to cover theft offences as well.


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