Being stopped by the Guards

WhatzLogin

*I've heard that IF stopped by the guards, and you ask for your rights etc in Irish and the Guard is not able to comply and give you the rights in Irish, you get away scot free ( unless its a really bad offense )

*Also is it against the law to record the guards if they are questioning you? A friend's phone was told to be put away when questioned and then took the phone away from him and they wouldn't allow him to record.
*They did not have a permit etc to be in the building and he owns the building.
*They also wouldn't give them there badge number or what ever you want to call it, isn't that against the Law in some way?

*Also is there any laws or rights I should remember if i am ever questioned by the guards to use against them?

beyondbelief67

Maybe try to not be doing anything that they need to stop you for in the first place instead of pulling one over on them ?

WhatzLogin

Sometimes they tend to just question you with suspicion, also you didn't answer any of the questions ..

Little CuChulainn

WhatzLogin wrote: »

*I've heard that IF stopped by the guards, and you ask for your rights etc in Irish and the Guard is not able to comply and give you the rights in Irish, you get away scot free ( unless its a really bad offense )

You have an entitlement to be dealt with in Irish. However it doesn;t have to be by that particular Garda. They could just get another Garda to come along and chat to you. There's actually quite a few Gardaí who speak Irish, especially in Dublin. God help you if you cannot keep up the conversation in Irish though.

WhatzLogin wrote: »

*Also is it against the law to record the guards if they are questioning you? A friend's phone was told to be put away when questioned and then took the phone away from him and they wouldn't allow him to record.

It's not against the law to record someone but your phone can be seized as evidence in certain cases. For example, if you were fiming me arresting a mate and he swung a punch and hit me I would seize your phone as evidence. It's no different to cctv in that regard. Also it's plain and simple rude to record someone against their wishes so you will likely piss them off too.

WhatzLogin wrote: »

*They did not have a permit etc to be in the building and he owns the building.

I presume you mean a warrant. Gardaí have leeway when it comes to entering private property and it all depends on the circumstances.

WhatzLogin wrote: »

*They also wouldn't give them there badge number or what ever you want to call it, isn't that against the Law in some way?

No. Gardaí don't have badge numbers. It can be a disciplinary matter not to identify yourself in some circumstances and some laws require a Garda to identify themselves before performing certain acts such as searching someone. But if they are in uniform with a shoulder number it's irrelevant.

WhatzLogin wrote: »

*Also is there any laws or rights I should remember if i am ever questioned by the guards to use against them?

If you act like a dick you'll be treated like one. It's a universal law so it works in other countries.

Elektronske

Why do you want this information, what were you doing ?
None of these scobie style dodges work by the way.
And you cannot record a conversation with someone without a) their knowledge b) their consent.

WhatzLogin

I haven't done anything, just my friend was stopped and his private building was searched with out a warrant or without the Guards identifying themselves..

also I've watched to many people getting stopped and knowing there rights such as not having to get out of ur car in certain cases, it's just for if I did ever do anything.

WhatzLogin

Little CuChulainn wrote: »

You have an entitlement to be dealt with in Irish. However it doesn;t have to be by that particular Garda. They could just get another Garda to come along and chat to you. There's actually quite a few Gardaí who speak Irish, especially in Dublin. God help you if you cannot keep up the conversation in Irish though.



It's not against the law to record someone but your phone can be seized as evidence in certain cases. For example, if you were fiming me arresting a mate and he swung a punch and hit me I would seize your phone as evidence. It's no different to cctv in that regard. Also it's plain and simple rude to record someone against their wishes so you will likely piss them off too.



I presume you mean a warrant. Gardaí have leeway when it comes to entering private property and it all depends on the circumstances.



No. Gardaí don't have badge numbers. It can be a disciplinary matter not to identify yourself in some circumstances and some laws require a Garda to identify themselves before performing certain acts such as searching someone. But if they are in uniform with a shoulder number it's irrelevant.



If you act like a dick you'll be treated like one. It's a universal law so it works in other countries.

Also I wasn't being a dick as you said.

Elektronske

There is a much simpler, easier way - Don't be a scobie, and you won't be treated as one

Little CuChulainn

WhatzLogin wrote: »

Also I wasn't being a dick as you said.

I didn't say you were.

WhatzLogin

Little CuChulainn wrote: »

I didn't say you were.

I know you weren't I'm just saying I wasn't and I'd never break the Law

WhatzLogin

Do we have the right to refuse being searched?
just heard it before and was just curious does that comply in Ireland, ( It was a American video and I know that our laws would most certainly be different )

Little CuChulainn

WhatzLogin wrote: »

Do we have the right to refuse being searched?
just heard it before and was just curious does that comply in Ireland, ( It was a American video and I know that our laws would most certainly be different )

You can refuse a voluntary search but not a legal one.

WhatzLogin

Elektronske wrote: »

There is a much simpler, easier way - Don't be a scobie, and you won't be treated as one

I never was and never would be, I was just asking about what rights do we have if we are pulled over or asked to be searched personally or in a car or building or in any Law situation, there was no reason to be smart about it..

WhatzLogin

Little CuChulainn wrote: »

You can refuse a voluntary search but not a legal one.

Okay thank you, and what rights should I keep in mind if I come in contact with a Guard?

Elektronske

WhatzLogin wrote: »

Okay thank you, and what rights should I keep in mind if I come in contact with a Guard?

As the GAA teach children when interacting with anyone : give respect, get respect

WhatzLogin

Elektronske wrote: »

As the GAA teach children : give respect > get respect

I'm guessing you have never been stopped for a ridiculous reason? I've had someone who was *under the speed limit* on a road and was stopped .. and don't say the Guard is never wrong cause it happens to everyone every once and awhile.

Elektronske

I've been stopped for many reasons, I just chat to them and then we head on our separate ways. If he's a grouch or ignorant, I don't waste my time responding in kind. Very simple, most Guards do this in order to flush out the scobies. Scobies always bite, they can't resist.

WhatzLogin

Elektronske wrote: »

I've been stopped for many reasons, I just chat to them and then we head on our separate ways. If he's a grouch, ignorant or stupid, I don't waste my time responding in kind and being a dick as well. Very simple.

Fair enough

No Pants

WhatzLogin wrote: »

without the Guards identifying themselves

Were the uniforms not a clue as to their identity?

GoodLord

all the garda fan boys are out

Elektronske

The scobies have crawled out

thebullkf

Elektronske wrote: »

The scobies have crawled out

2 pages in and you've mentioned scobies numerous tines. And no help either, why post??

To answer the op, it's illegal to record someone's voice, without their consent, unless it's in public afaik, better minds than mine may assist further.

As regards being stopped for nothing, it does happen, I grew up in a rough disadvantaged area, regularly stopped and questioned, searched for no reason other than only what I can guess at. I'm not a scobie, and as a parent I wouldn't like anyone in my family to be stopped and felt 2 feet tall, as I did when I was stopped. I used to meet a girl at a shop every Friday when I was a teenager, the shop was in her vicinity , and Every. Single. Friday. The same two guards would stop, question, and search me on the street, even when y girlfriend was there. It was embarrassing and quite frankly way ott. Even the shopkeeper whom I'd built up a rapport with, came out at one stage and requested they leave me alone. And he was an ex Garda himself. The epaulettes are easily identifiable, it's when they remove them you know there's trouble coming. Have seen it many times.

I have a lot of respect for the guards and the work they do, there are ass hats everywhere, in every profession. Some Reas suffer more than others.

Ask them what they are stopping you for, in future, most Garda are reasonable nd will tell you. Above all, treat others as you would lie to be treated and you'll be grand

GoodLord

thebullkf wrote: »

2 pages in and you've mentioned scobies numerous tines. And no help either, why post??

To answer the op, it's illegal to record someone's voice, without their consent, unless it's in public afaik, better minds than mine may assist further.

As regards being stopped for nothing, it does happen, I grew up in a rough disadvantaged area, regularly stopped and questioned, searched for no reason other than only what I can guess at. I'm not a scobie, and as a parent I wouldn't like anyone in my family to be stopped and felt 2 feet tall, as I did when I was stopped. I used to meet a girl at a shop every Friday when I was a teenager, the shop was in her vicinity , and Every. Single. Friday. The same two guards would stop, question, and search me on the street, even when y girlfriend was there. It was embarrassing and quite frankly way ott. Even the shopkeeper whom I'd built up a rapport with, came out at one stage and requested they leave me alone. And he was an ex Garda himself. The epaulettes are easily identifiable, it's when they remove them you know there's trouble coming. Have seen it many times.

I have a lot of respect for the guards and the work they do, there are ass hats everywhere, in every profession. Some Reas suffer more than others.

Ask them what they are stopping you for, in future, most Garda are reasonable nd will tell you. Above all, treat others as you would lie to be treated and you'll be grand

and i would question if they can take a camera. they would not get mine anyway

SterlingArcher

Little CuChulainn wrote: »

I didn't say you were.

Just out of curiosity little cuchulainn , it was a very long post. so you seem to know first hand. Do guards have numbers?

TimeToShine

Typical boards tbh. Guy asks a question about the Gardai and is immediately accused of being a disrespectful degenerate scrote with little or no reference to the question.

I too would like to know my rights if I'm stopped by the gardai, so if anyone actually knows something about the topic kindly step forward.

AFAIK, you are allowed to record and/or video the gardai if you are pulled over. It's a public place and as such perfectly legal. Something that's up and coming in other countries is to have a two way dash cam to record any confrontation in case something sketchy happens. Now obviously you run the risk of pissing them off if you jam a camera in their face/if they find out you're recording them so you'd want to be careful.

endacl

WhatzLogin wrote: »

*I've heard that IF stopped by the guards, and you ask for your rights etc in Irish and the Guard is not able to comply and give you the rights in Irish, you get away scot free ( unless its a really bad offense )

*Also is it against the law to record the guards if they are questioning you? A friend's phone was told to be put away when questioned and then took the phone away from him and they wouldn't allow him to record.
*They did not have a permit etc to be in the building and he owns the building.
*They also wouldn't give them there badge number or what ever you want to call it, isn't that against the Law in some way?

*Also is there any laws or rights I should remember if i am ever questioned by the guards to use against them?

I don't know. You should try it. All of it. Then let us know. So we'd all know.

jantheman91

If he can't give your rights in Irish, there's very little he can do.

''An bhfuil tú abalta na rialacha a insint dom as Gaeilge, le do thoil?''.

That usually works.

endacl

jantheman91 wrote: »

If he can't give your rights in Irish, there's very little he can do.

''An bhfuil tú abalta na rialacha a insint dom as Gaeilge, le do thoil?''.

That usually works.

To which the appropriate response, of course, would be 'an bhfuil tú in ann a chur ar mo chos amach as do thóin?

jantheman91

endacl wrote: »

To which the appropriate response, of course, would be 'an bhfuil tú in ann a chur ar mo chos amach as do thóin?

To which my reply would be - An bhfuil tú abalta mo cheist a fhreagairt - Tá nó níl?

Most Gardaí haven't a clue how to even pronounce Irish words, let alone speak them, which makes your reply a non-runner.

Their own fault really, and it makes getting away with small things very very easy.

endacl

jantheman91 wrote: »

To which my reply would be - An bhfuil tú abalta mo cheist a fhreagairt - Tá nó níl?

Tá.

jantheman91

endacl wrote: »

Tá.

Bhfuel, lean ar aghaidh...

We wouldn't even get this far into the conversation.

dubscottie

Elektronske wrote: »

As the GAA teach children when interacting with anyone : give respect, get respect

Well that might be a whole new tread!

I was stopped outside my home by the Garda, putting the bin out and checking on my bike.
No probs. I was glad to see them around!

slimjimmc

thebullkf wrote: »

To answer the op, it's illegal to record someone's voice, without their consent, unless it's in public afaik, better minds than mine may assist further.

Are you sure about that? I don't think the act of recording without permission of the speaker is illegal per sé, but how you use the recording might be.
Are you by any chance mixing it up with telecommunications law which makes it's illegal to record a telecommunication conversation without the consent of at least one participant. i.e. in the phone call between you and a friend you can record the call without his consent, or your friend can record it without your consent, but another person can't record it without the consent at least one of ye?

Zambia

What law makes it illegal to record someone's voice and image?

Don't the press do it everyday.

WhatzLogin

thebullkf wrote: »

2 pages in and you've mentioned scobies numerous tines. And no help either, why post??

To answer the op, it's illegal to record someone's voice, without their consent, unless it's in public afaik, better minds than mine may assist further.

As regards being stopped for nothing, it does happen, I grew up in a rough disadvantaged area, regularly stopped and questioned, searched for no reason other than only what I can guess at. I'm not a scobie, and as a parent I wouldn't like anyone in my family to be stopped and felt 2 feet tall, as I did when I was stopped. I used to meet a girl at a shop every Friday when I was a teenager, the shop was in her vicinity , and Every. Single. Friday. The same two guards would stop, question, and search me on the street, even when y girlfriend was there. It was embarrassing and quite frankly way ott. Even the shopkeeper whom I'd built up a rapport with, came out at one stage and requested they leave me alone. And he was an ex Garda himself. The epaulettes are easily identifiable, it's when they remove them you know there's trouble coming. Have seen it many times.

I have a lot of respect for the guards and the work they do, there are ass hats everywhere, in every profession. Some Reas suffer more than others.

Ask them what they are stopping you for, in future, most Garda are reasonable nd will tell you. Above all, treat others as you would lie to be treated and you'll be grand

thanks for answering and not being a smart As.. about it like others .. and for pointing out the other guy was posting for a stupid reason as he didn't answer my question, I don't see the point in here even posting if hes not going to help ..

thanks again bud!

WhatzLogin

TimeToShine wrote: »

Typical boards tbh. Guy asks a question about the Gardai and is immediately accused of being a disrespectful degenerate scrote with little or no reference to the question.

I too would like to know my rights if I'm stopped by the gardai, so if anyone actually knows something about the topic kindly step forward.

AFAIK, you are allowed to record and/or video the gardai if you are pulled over. It's a public place and as such perfectly legal. Something that's up and coming in other countries is to have a two way dash cam to record any confrontation in case something sketchy happens. Now obviously you run the risk of pissing them off if you jam a camera in their face/if they find out you're recording them so you'd want to be careful.

thanks for replying and agreeing that people are accusing me wrongly .. I would just like to know my rights .. but some people just come in here not answer the question and insult others calling them scobies .. which is a irish somewhat slang for a scumbag .. ( not calling anyone it )

pitty people have to be smart as.es you know what is suppose to be put in where the . is.

WhatzLogin

jantheman91 wrote: »

If he can't give your rights in Irish, there's very little he can do.

''An bhfuil tú abalta na rialacha a insint dom as Gaeilge, le do thoil?''.

That usually works.

cheers bud!

WhatzLogin

endacl wrote: »

To which the appropriate response, of course, would be 'an bhfuil tú in ann a chur ar mo chos amach as do thóin?

funny thing is the wouldn't even understand that, but they would be a bit spectacle as the word thóin is in it!

WhatzLogin

jantheman91 wrote: »

To which my reply would be - An bhfuil tú abalta mo cheist a fhreagairt - Tá nó níl?

Most Gardaí haven't a clue how to even pronounce Irish words, let alone speak them, which makes your reply a non-runner.

Their own fault really, and it makes getting away with small things very very easy.

so are you saying its true if they are not able to comply to saying ur rights etc in irish you may be able to get away with it?

WhatzLogin

It's a pity some people come on here .. and just because I asked about the Law that I've done something .. accusing me .. when it was just a question of what are my rights if stopped ..

also majority of people didn't even answer the question, as they are to busy insulting or accusing others ..


So if anyone has any clue of the rights please post them! IF NOT .. please don't post at all .. cause ur just going off topic .. which your not suppose to do .. it was a simple question, as in what are my rights when stopped or questioned .. simple as..

No Pants

TimeToShine wrote: »

Typical boards tbh. Guy asks a question about the Gardai and is immediately accused of being a disrespectful degenerate scrote with little or no reference to the question.

I too would like to know my rights if I'm stopped by the gardai, so if anyone actually knows something about the topic kindly step forward.

AFAIK, you are allowed to record and/or video the gardai if you are pulled over. It's a public place and as such perfectly legal. Something that's up and coming in other countries is to have a two way dash cam to record any confrontation in case something sketchy happens. Now obviously you run the risk of pissing them off if you jam a camera in their face/if they find out you're recording them so you'd want to be careful.

I think you're okay to film the Gardai, but like everything else, just don't get in their way while they're performing their duties. We've all seen videos of the Gardai on YouTube or whatever.

As for the Irish thing, that's just a delaying tactic. If you have nothing better to do, then go for it.

Little CuChulainn wrote: »

You have an entitlement to be dealt with in Irish. However it doesn;t have to be by that particular Garda. They could just get another Garda to come along and chat to you. There's actually quite a few Gardaí who speak Irish, especially in Dublin. God help you if you cannot keep up the conversation in Irish though.

whomitconcerns

WhatzLogin wrote: »

It's a pity some people come on here .. and just because I asked about the Law that I've done something .. accusing me .. when it was just a question of what are my rights if stopped ..

also majority of people didn't even answer the question, as they are to busy insulting or accusing others ..


So if anyone has any clue of the rights please post them! IF NOT .. please don't post at all .. cause ur just going off topic .. which your not suppose to do .. it was a simple question, as in what are my rights when stopped or questioned .. simple as..

In fairness your question was worded in such a way as "How can I get one over on the guards if stopped" :P

Nonetheless..I dont think if he has no hat on, cant read your rights in Irish, has one sock higher than the other, makes any difference.

Let them get on with their jobs, and if you have nothing to hide and did nothing, they will generally let you get on with yours...

WhatzLogin

No Pants wrote: »

I think you're okay to film the Gardai, but like everything else, just don't get in their way while they're performing their duties. We've all seen videos of the Gardai on YouTube or whatever.

As for the Irish thing, that's just a delaying tactic. If you have nothing better to do, then go for it.

I dont mean to randomly record the Guards on duty, I mean if they are questioning or anything like that are you allowed to record

WhatzLogin

whomitconcerns wrote: »

In fairness your question was worded in such a way as "How can I get one over on the guards if stopped" :P

Nonetheless..I dont think if he has no hat on, cant read your rights in Irish, has one sock higher than the other, makes any difference.

Let them get on with their jobs, and if you have nothing to hide and did nothing, they will generally let you get on with yours...

again with the accusing .. it was when they are in the wrong and stop you for the wrong reason as it happens, it wasn't to get one over the Guards its to know my rights so they don't try trick you to say anything they can use against you .. quit with the accusing ..

No Pants

WhatzLogin wrote: »

I dont mean to randomly record the Guards on duty, I mean if they are questioning or anything like that are you allowed to record

In public, yes. In an interrogation room at the station, no.

Big Nasty

WhatzLogin wrote: »

so are you saying its true if they are not able to comply to saying ur rights etc in irish you may be able to get away with it?

Get away with what?

whomitconcerns

WhatzLogin wrote: »

again with the accusing .. it was when they are in the wrong and stop you for the wrong reason as it happens, it wasn't to get one over the Guards its to know my rights so they don't try trick you to say anything they can use against you .. quit with the accusing ..

Em I think you need to take a chill pill.....Im not accusing you of anything here...

Little CuChulainn

A garda is under no obligation to explain your rights to you, in irish or english. As to what your rights are, for every right you have there is likely a law that allows gardai to breach it given certain circumstances. There is no way to sum up your rights as they will depend on the situation.

Elektronske

dubscottie wrote: »

Well that might be a whole new tread!

I was stopped outside my home by the Garda, putting the bin out and checking on my bike.
No probs. I was glad to see them around!

and if you were up to no good you could try ranting at him about your rights . . . doubt you'd fool him or anyone else though.

Fieldsman

OP why not answer the guards questions in English. Thinking about answering in Irish would be the last thing on my mind. I don't give the guards any bother and they don't give me any bother either

CIARAN_BOYLE

WhatzLogin wrote: »

*I've heard that IF stopped by the guards, and you ask for your rights etc in Irish and the Guard is not able to comply and give you the rights in Irish, you get away scot free ( unless its a really bad offense )

Don't do this. You have the right to be dealt with in Irish but they can arrest you bring you down to a station and leave you cooling your heals for 12 hours while waiting for a member of the force with appropriate Irish language skills to deal with you.