why would he not tell me?

unknowncommand

Ok this is what happend an unmarked garda car pulled me and two of my friends over and one of my friends had a small bit of cannabis on him so he gave them it and they searched us.They took all of our names down I didnt understand why he would take mine and my other friends name down so my exact words to the guard was "can I ask you why you are taking my name down please" and he said "no you cant" I didnt understand this at all. I am just wondering why he would take my name down if i didnt have anything and i was not commiting a offence thanks.Also can a guard refuse to give me a reason for taking my address and name?

MarkR

Too see if you had a warrant out on you maybe? Not a big deal to be honest, unless you're one of those "free man" guys.

kev1.3s

To be honest any time I've been pulled over by the guard they have taken my name, just par for the course I'm afraid and trying to make an issue can often make matters a whole lot worse!

Marquis de carabas

No harm but I would think it was incredibly obvious. Your in a car with someone who has drugs. You are associated with him. Its reasonable to assume that you yourself may use, carry or indeed possibly supply drugs. Same goes for everyone else in the car. It makes obvious sense so to want to know who you are.

Having said that I wouldn't be freaking out. Your not likely to find your home raided or anything. But if you don't use drugs I'd be more careful about who you hang around with. If you do then its not really an issue. From a practical point of view you may find yourself searched more often.

As for giving you a reason on the side of the road the Guard should have (because it would have been incredibly easy) but doesn't have to give you a reason for asking your name. If you had refused and he was intending on prosecuting you then the circumstances would be different but only from a prosecution point of view.

Could you have refused? Yes. Could you have been arrested for the purpose of search? Yes and brought to the station where you'd be held till you gave your details. There are lots of resources that will give you an overview of your rights and everyone should know them but don't forget common sense.

MagicSean

Your name was taken because you were searched. I would think that was pretty obvious. A garda can ask you anything he wants. It is only when he demands something under a legislative power that you are entitled to know this. But he probably still won't tell you "why".

seamus

Simple answer: He writes down your name because he can't remember it

That's not me being facetious, but what he'll do is search to see have you anything outstanding on you. For example, if you were driving but had a ban, then he wouldn't have known that at the side of the road.

There are several powers under which a Garda is entitled to ask you to identify yourself (otherwise how could they do their job), and they don't have to tell you why.

You can ask them under which act they are demanding your name and address, but tbh in a case like yours it's obvious; one of your party was carrying a controlled substance. Therefore everything the Garda is doing is likely under the misuse of drugs act. Acting smart or defensive is only going to piss the Garda off. If you've otherwise done nothing wrong, then the Garda takes your name and nothing more comes of it.