Your rights and the Gardai

Is there anywhere I can inform myself of my rights when dealing with the Gardai? For example, and I don't want any legal advice on this please, I was walking from UL to the city centre one winter's night. I had a Tottenham scarf around my mouth because of the cold. Next thing there's a squad car up on the path in front of me. They asked my name and address, which I gave willingly as I believed (erroneously I think) that I was obliged to. Next thing he started asking why I was out so late and when I asked him was there a law against it he threw his rattle out of his pram. "Are you giving me cheek?" was the reply? The poor dear was quite upset and drove off in a bit of a huff (I think there was a offensive hand gesture aimed at me also.)

If this is the state of our police force then God help us all. I just want to know where I stand if I nearly get knocked down the next time by two mupppets. And before anyone says anything I have walked the distance many nights a week for several years and ironically the only scare I have had was these two clowns,

Love, VZ.

McCrack

Knock yourself out:

http://www.iccl.ie/know-your-rights---criminal-justice.html

discus

Next thing he started asking why I was out so late and when I asked him was there a law against it he threw his rattle out of his pram.

Man gets pissed of with rude answer to polite question. Shocking.

He wasn't asking he was interrogating. Also what fcuking business is it of his what I'm doing as long as I'm just walking along the footpath and not bothering anybody? Idiots blocked my path with their car rather aggressively too. I'm thinking somebody was watching too much "NYPD Blue". He got pissed "of" (sic) because I stood up to him. I'll walk where I want (on a public footpath), when I want to (if there's no curfew). If I want to risk getting mugged late at night that's my business.

I'm betting the intellectual giants in the squad saw the scarf around my lower face and thought "ello, ello, ello"! Next time I'm out I'll wear a black and white stripey sweater and have "SWAG" written on a bag over my shoulder. Pity these Gardai won't go into Moyross, Southhill or the Island and sort out the hardened criminals there instead of picking on students making their way home after studying like a lunatic late into the night. It's not my fault Limerick has no late night bus service or taxi drivers who won't try to extort/rape you. I wonder whose job to prevent such things that is? You know to keep the peace and prevent crime? The government really should consider training a uniformed group of people and entrusting them to fight crime.

I knew I was in the company of geniuses when the first thing the female Garda (can't call them banghardai anymore 'cos it'll hurt their feelings too much) who was driving said when she stopped after nearly driving the car over me was "Well?".

mcgarrett

They were probably Chelsea supporters.

Finnbar01

Deleted User wrote: »

Is there anywhere I can inform myself of my rights when dealing with the Gardai? For example, and I don't want any legal advice on this please, I was walking from UL to the city centre one winter's night. I had a Tottenham scarf around my mouth because of the cold. Next thing there's a squad car up on the path in front of me. They asked my name and address, which I gave willingly as I believed (erroneously I think) that I was obliged to. Next thing he started asking why I was out so late and when I asked him was there a law against it he threw his rattle out of his pram. "Are you giving me cheek?" was the reply? The poor dear was quite upset and drove off in a bit of a huff (I think there was a offensive hand gesture aimed at me also.)

If this is the state of our police force then God help us all. I just want to know where I stand if I nearly get knocked down the next time by two mupppets. And before anyone says anything I have walked the distance many nights a week for several years and ironically the only scare I have had was these two clowns,

Love, VZ.

You should have gave him the finger back.

Be careful lads....this ain't After Hours. I actually ran after their car onto the road and got his name and rank. He then started telling me to get off the road even though it was 3am and I could have taken a nap on it it was so quiet. Was going to make a complaint but the boys at the station probably wipe their arse with such things.

Schnitzel Muncher

These threads are a regular occurrence. The OP is never in any way responsible.

Fair enough. What was I doing wrong then mate? Enlighten me.

ian87

You were walking in an area with your face covered late at night. How do you know they didn't get call in that area that night for a crime looking for a person who matched or was similar to your description or somebody who had their face covered. And your comment about why don't they go to moyross or south hill etc and catch some real criminals really displays ignorance. I will hazard a guess that if you were the victim of a crime in castletroy or wherever you live in limerick you would be calling for the gardai to be out patrolling the area and pulling in suspicious looking people. A person walking late at night with their face covered IMHO would be a suspicious looking person.

Mr Jinx

Man walking down the road at 3am with a scarf around his face, how do you know if he's out to rob a house or just innocently walking home??
Here's a mad idea lads, lets talk to him.
end result, Russell Silly Show a little pissed off at being quizzed while walking home, Garda a little pissed off at getting a bit of cheek from Russell Silly Show, but at least we know know nobody's house is after getting robbed.
**** happens, move on,

But.But.But. The scarf...it was the middle of winter and about ten below. I've seen plenty of other people similarly attired. Also they could have gently pulled up alongside me and quizzed me. They didn't have to go all "Starsky and Hutch" and do an emergency stop across the path surely?

drkpower

[Deleted User] wrote: »

But.But.But. The scarf...it was the middle of winter and about ten below. I've seen plenty of other people similarly attired. Also they could have gently pulled up alongside me and quizzed me. They didn't have to go all "Starsky and Hutch" and do an emergency stop across the path surely?

When they pulled up on the kerb in such a dramatic fashion, did you ask them where they looking for someone who matched your description or if they were responding to some specific information or threat?

Schnitzel Muncher

Get yourself a balaclava next time. Much better than any scarf.

drkpower

drkpower wrote: »

When they pulled up on the kerb in such a dramatic fashion, did you ask them where they looking for someone who matched your description or if they were responding to some specific information or threat?

Nah unfortunately not. Like I said I was knackered after a long day and a little shocked at nearly getting run down on a public footpath.

drkpower

[Deleted User] wrote: »

Nah unfortunately not. Like I said I was knackered after a long day and a little shocked at nearly getting run down on a public footpath.

Yet you were calm enough to tell them that they had no right to ask you questions etc and then to chase them afterwards.

SB2013

Deleted User wrote: »

Nah unfortunately not. Like I said I was knackered after a long day and a little shocked at nearly getting run down on a public footpath.

You nearly got run down? The drama is escalating. Look, you were probably quizzed because you were covering your face in a quiet area late at night. Imagine your house was robbed and the Gardaí told you it was probably the masked man they saw down the road but were afraid to talk to in case it upset him. You'd think they were right plonkers then wouldn't you?

As to your rights, you do not have to give any information to a Garda unless he has a legal power to demand it. Common sense would suggest that unless you have a good knowledge of the law you should err on the side of caution rather than find yourself in a cell for not giving information you were legally required to. If you want to know more about Garda powers I would suggest you start by reading the Public Order Act, Road Traffic Acts, Misuse of Drugs Act, Firearms and Offensive Weapons Act and Offences Against the State Act.

drkpower

drkpower wrote: »

Yet you were calm enough to tell them that they had no right to ask you questions etc and then to chase them afterwards.

Trust me I wasn't calm when I asked a Garda was there a law against walking home late at night or when I chased after a squad car!

SB2013 wrote: »

You nearly got run down? The drama is escalating. Look, you were probably quizzed because you were covering your face in a quiet area late at night. Imagine your house was robbed and the Gardaí told you it was probably the masked man they saw down the road but were afraid to talk to in case it upset him. You'd think they were right plonkers then wouldn't you?

As to your rights, you do not have to give any information to a Garda unless he has a legal power to demand it. Common sense would suggest that unless you have a good knowledge of the law you should err on the side of caution rather than find yourself in a cell for not giving information you were legally required to. If you want to know more about Garda powers I would suggest you start by reading the Public Order Act, Road Traffic Acts, Misuse of Drugs Act, Firearms and Offensive Weapons Act and Offences Against the State Act.

Yes they nearly knocked me over in their haste to quiz a bespectacled student. I'm not trying to be sarcastic but is it actually against the law to wear a scarf in such a way?

As for reading that statutory legislation you reeled off then I'll pass thanks. I did find this:

http://www.indymedia.ie/article/82108

So the next time I get strong armed by some testosterone fueled Maniac Cop and his partner I'm going to give them so much grief they'll need counseling afterwards.

HeidiHeidi

This is a perfect illustration of the fact the Gardai will never, ever be right, no matter what they do :rolleyes:

ian87

I would love to hear the point of view of the gardai.

HeidiHeidi

HeidiHeidi wrote: »

This is a perfect illustration of the fact the Gardai will never, ever be right, no matter what they do :rolleyes:

Not at all. They could have employed some common sense and realised I might actually be using a scarf as it was bitterly cold at that time of year and moreover at that time of night. They could have even pulled alongside the path and asked me what I was doing. Why pull up sharply across my path and say "Well?"? If anyone knows the Dublin Road in Limerick then there was absolutely nowhere I could have escaped to.

padma

SB2013

Deleted User wrote: »

Yes they nearly knocked me over in their haste to quiz a bespectacled student. I'm not trying to be sarcastic but is it actually against the law to wear a scarf in such a way?

You never mentioned you wore glasses and were a student. The Gardaí mustn't have realised that students with glasses can't commit crimes.

Deleted User wrote: »

As for reading that statutory legislation you reeled off then I'll pass thanks.

Your rights are contained in legislation. If you want to assert them you properly you should read the legislation or you will find yourself arrested.

Deleted User wrote: »

I did find this:

http://www.indymedia.ie/article/82108

So the next time I get strong armed by some testosterone fueled Maniac Cop and his lesbian partner I'm going to give them so much grief they'll need counseling afterwards.

How do you know she was a lesbian? I think this paragraph has given a fairly clear indication of what kind of person you are to be honest. Good luck with your quest. I look forward to your next thread entitled "What to do in court".

SB2013

SB2013 wrote: »

I think this paragraph has given a fairly clear indication of what kind of person you are to be honest.

What type of person is that please?

but is it actually against the law to wear a scarf in such a way?

Anybody?

SB2013

Deleted User wrote: »

What type of person is that please?

The type of person who relies on advice on Indymedia and the type of person who uses sexual orientation as an insult.

drkpower

Deleted User wrote: »

Trust me I wasn't calm when I asked a Garda was there a law against walking home late at night or when I chased after a squad car! )

It seems unusual that you had the wherewithal to question the Gardai and chase after them yet not to ask the obvious question raised by their apparent dramatic behaviour.

Schnitzel Muncher

I wonder was there drink taken?

drkpower

drkpower wrote: »

It seems unusual that you had the wherewithal to question the Gardai and chase after them yet not to ask the obvious question raised by their apparent dramatic behaviour.

Not unusual at all. I haven't too many (a handful if you do a search here) brushes with the law and simply didn't know that I could ask them such things (which is why I started this thread!). When I asked "is there a law against it?" I had lost my cool to a certain degree. As I said I quite happily and politely gave them my name and address. Surely if I had something to hide I wouldn't have?

Schnitzel Muncher wrote: »

I wonder was there drink taken?

lol! I wish mate! I actually don't drink much and when I do it's non-alcoholic stuff due to health problems.

EmptyTree

Deleted User wrote: »

But.But.But. The scarf...it was the middle of winter and about ten below.

If this happened in in the middle of winter, how come it is only now that you want to know your rights (??).....in the middle of May....

Nothing sinister. It just occurred to me that I've never ever seen any sort of information anywhere on what your rights are when dealing with AGS. I honestly didn't know whether they why acting the maggot or were entitled to do what they did.

drkpower

Deleted User wrote: »

Not unusual at all. I haven't too many (a handful if you do a search here) brushes with the law and simply didn't know that I could ask them such things (which is why I started this thread!). When I asked "is there a law against it?" I had lost my cool to a certain degree. As I said I quite happily and politely gave them my name and address. s.

Yet you knew you could ask them whether there was a law against walking home at night and you felt comfortable enough to run after them...... But you simply 'didn't know' that you couldn't ask them the most obvious question of all.....

SB2013

Deleted User wrote: »

Nothing sinister. It just occurred to me that I've never ever seen any sort of information anywhere on what your rights are when dealing with AGS. I honestly didn't know whether they why acting the maggot or were entitled to do what they did.

http://www.irishstatutebook.ie/home.html

There you go.

SB2013

SB2013 wrote: »

http://www.irishstatutebook.ie/home.html

There you go.

I'm not reading through all that ****!!!! Surely there's some sort of dumbed down version for a commoner such as me?

SB2013

Deleted User wrote: »

I'm not reading through all that ****!!!! Surely there's some sort of dumbed down version for a commoner such as me?

I already mentioned the Acts. Most of them have a section entitle "Garda Powers" "power to demand name" or "Powers of search". You can't really have a dumbed down version though because it will probably result in you being arrested. The law is complex.

Kristopherus

Deleted User wrote: »

I'm not reading through all that ****!!!! Surely there's some sort of dumbed down version for a commoner such as me?

Bloody hell, Van Zan, that incident must have had an awful effect on you. if, as you say it happened on a winter's night:). We're now 3 months on since winter:D:D:D

SB2013

SB2013 wrote: »

The law is complex.

What do you think I studied at UL?

Kristopherus wrote: »

Bloody hell, Van Zan, that incident must have had an awful effect on you. if, as you say it happened on a winter's night:). We're now 3 months on since winter:D:D:D

It's worse than that mate....why are you all assuming it was last winter?

BornToKill

Deleted User wrote: »

is it actually against the law to wear a scarf in such a way?

Only when you 'stand under' an admiralty contract.

Kristopherus

Deleted User wrote: »

What do you think I studied at UL?



It's worse than that mate....why are you all assuming it was last winter?

" I was walking from UL to the city centre one winter's night. "

Ah, I see. Heavens above, man, life is too short to have incidents like that bothering you.

source

[Deleted User] wrote: »

What do you think I studied at UL?



It's worse than that mate....why are you all assuming it was last winter?

Well it hardly bloody happened next winter did it?

SB2013

Deleted User wrote: »

I'm sure that's what the Gardaí were thinking

source

I'm calling shenanigans on this thread, going by the ops posts, we're dealing with a law student who doesn't know of isb and needs statutes dumbed down in order for him to understand.

Either the op failed miserably in the law course he was doing, is just finishing up first year and hasn't studied enough, or is lying about it to make his complaint somehow seem more credible.

For me, his story just doesn't add up.

cursai

If he doesnt have his garda cap on. he cant do anything. Must have cap on and blue socks.

Technoprisoner

ian87 wrote: »

You were walking in an area with your face covered late at night. How do you know they didn't get call in that area that night for a crime looking for a person who matched or was similar to your description or somebody who had their face covered. And your comment about why don't they go to moyross or south hill etc and catch some real criminals really displays ignorance. I will hazard a guess that if you were the victim of a crime in castletroy or wherever you live in limerick you would be calling for the gardai to be out patrolling the area and pulling in suspicious looking people. A person walking late at night with their face covered IMHO would be a suspicious looking person.

i would have thought no crime was committed if the guard was happy with the answer he received. they are peace officers after all....there was no breach of the peace or crime committed

Zambia

You have to admit there are better ways of checking people. There is no need to behave like that.