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  • 30-09-2015 4:46am
    #1
    Closed Accounts Posts: 11,631 ✭✭✭✭


    Hi guys

    Tonight I was in the local casino, went in at 9pm to play a tourney and left at like 3 am after playing some cash games. Afterwards I walked up a long way towards Macdonalds, only place open.

    Had about 1K in my back pocket, won a bit. Squad with 3 guys pulls over beside me and asks me why I have a hood on. I explain to them it's cold and I'm going home but might get some food first.

    One of them says there's been robberys around tonight recently and he wants to search me. I tell them I don't feel like being searched. I don't know the legality here, I had a wad of cash on me and I felt paranoid after being surrounded.

    Then they ask for my name and I said I don't know if I have to give my name or not to you, and said I want to record this because I'm feeling intimidated. As soon as I take my phone out they put me in a choke hold while putting cuffs on me, I passed out on the ground and came around. I never resisted, I was confused. I had 4 bottles in the casino and it would take 10 or more before I'd become drunk.

    I got brought to the station and got chucked in a cell, I asked them 4 or 5 during the period they were choking me and putting me in the cell why am I under arrest and they never told me, they just told me to shut up.

    After an hour in the cell I pressed the button and told the female guard I want to go home, I'm not drunk nor have I done anything wrong. She laughed at me and said I'm not going anywhere. I got a panic attack and asked her could I leave after another hour or so, she never replied but medics did come. They took my blood pressure etc and said I should go to the hospital. I said I'm feeling better, I went back into the station and got the guys name who choked me.

    Well I just wanted to get this off my chest, I'm 30 years old and never been in trouble in my life


«1345

Comments

  • Closed Accounts Posts: 23,646 ✭✭✭✭qo2cj1dsne8y4k


    "Sorry guard I don't feel like being searched"
    Wtf?

    Shouldn't get smart with them tbh, only brings trouble on yourself


  • Registered Users, Registered Users 2 Posts: 20,618 ✭✭✭✭kneemos


    You didn't cooperate by giving your name and pulled something from your pocket,only one result there dude.
    They're allowed arrest you if you don't identify yourself I think.


  • Closed Accounts Posts: 11,631 ✭✭✭✭Hank Scorpio


    "Sorry guard I don't feel like being searched"
    Wtf?

    Shouldn't get smart with them tbh, only brings trouble on yourself

    I wasn't being smart, I had alot of money on me. Maybe your right though


  • Closed Accounts Posts: 23,646 ✭✭✭✭qo2cj1dsne8y4k


    Look, if they were in an unmarked car, I'd understand. But they pulled up in the squad car, and you wouldn't co-operate. You wouldn't allow them search you, you wouldn't give them your name and you got smart with them threathening to record them. What did you expect?? For them to be like "alright sham, off you go so"?

    They put up with so much **** and nonsense from people with attitudes just like yours. How are they supposed to know you're not doing a drop for drugs, after breaking in somewhere etc? You're wandering around at 3am on a Tuesday night, of course that'll raise their interests.

    Not to be harsh but you brought it on yourself


  • Registered Users, Registered Users 2 Posts: 2,401 ✭✭✭Royal Irish


    If this was Murica you'd have been shot.


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  • Registered Users, Registered Users 2 Posts: 1,148 ✭✭✭punk_one82


    "Sorry guard I don't feel like being searched"
    Wtf?

    Shouldn't get smart with them tbh, only brings trouble on yourself

    Being smart or not should in no way mean he/she should be treated the way that they've described. Sounds like a serious misuse of power.

    Edit: In reply to your next post - just because they deal with drug dealers/burglars etc does not give them the right to deal with anyone and everyone in this way. If they can't deal with each person they come across professionally then they're not fit to do their job.

    Do you think what the OP described is deserving of their reaction? It sounds completely unacceptable.


  • Registered Users, Registered Users 2 Posts: 4,468 ✭✭✭matt-dublin


    You didn't do yourself any favours by being smart.

    However I would put in a complaint about excessive use of force to the Garda ombudsman.

    Assumedly they didn't give you a charge sheet and you still have your money?

    If they gave you your money back without you having to prove where you received it I would think they know they were excessive


  • Closed Accounts Posts: 11,631 ✭✭✭✭Hank Scorpio


    Thanks for the reply I was genuinely confused

    Yeh they gave the money back


  • Registered Users, Registered Users 2 Posts: 20,618 ✭✭✭✭kneemos


    punk_one82 wrote: »
    Being smart or not should in no way mean he/she should be treated the way that they've described. Sounds like a serious misuse of power.

    Edit: In reply to your next post - just because they deal with drug dealers/burglars etc does not give them the right to deal with anyone and everyone in this way. If they can't deal with each person they come across professionally then they're not fit to do their job.

    Do you think what the OP described is deserving of their reaction? It sounds completely unacceptable.


    It's when he went for his pocket that they used force,being smart just made them suspicious I'd imagine.


  • Registered Users, Registered Users 2 Posts: 4,695 ✭✭✭December2012


    Talk to a solicitor who specialises in criminal law. Pronto.


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  • Closed Accounts Posts: 11,631 ✭✭✭✭Hank Scorpio


    kneemos wrote: »
    It's when he went for his pocket that they used force,being smart just made them suspicious I'd imagine.

    Wrong I said I want to record this because I don't feel safe. I had the phone in my hand and flipped it to open the camera that's when I got choked


  • Registered Users, Registered Users 2 Posts: 1,148 ✭✭✭punk_one82


    kneemos wrote: »
    It's when he went for his pocket that they used force,being smart just made them suspicious I'd imagine.

    OP said he took his phone out.

    Nothing he said suggests they were within their rights to react as they did.


  • Registered Users, Registered Users 2 Posts: 4,468 ✭✭✭matt-dublin


    Lodge a complaint with the Garda ombudsman seeking compensation. Photo any bruising you gave and get a medical report if you're sticking a claim in and speak to a lawyer.

    Write down everything in fine detail now while it's fresh in your memory.


  • Closed Accounts Posts: 255 ✭✭Mother Brain


    That's pretty rough op. Scummy, thug like behaviour. I'd seek legal advice if we're you. Unfortunately without evidence to support your claim there will be a slim chance of anything being done about it to the guards. They enjoy that assumed halo worthy status in the eyes of the courts to a large extent in the absence of irrefutable evidence. It becomes a case of your word against theirs, with the (bloody naive) assumption that they never bend the truth to suit their needs.

    Rarely you'll get a judge who will give them as hard a time as a defendant during proceedings but they're still in the minority I would imagine.

    Have you much in way of bruising etc?


  • Posts: 17,378 ✭✭✭✭ [Deleted User]


    You handled that exactly like a thief would. Give your name next time and don't be a stupid dick.


  • Closed Accounts Posts: 11,631 ✭✭✭✭Hank Scorpio


    That's pretty rough op. Scummy, thug like behaviour. I'd seek legal advice if we're you. Unfortunately without evidence to support your claim there will be a slim chance of anything being done about it to the guards. They enjoy that assumed halo worthy status in the eyes of the courts to a large extent in the absence of irrefutable evidence. It becomes a case of your word against theirs, with the (bloody naive) assumption that they never bend the truth to suit their needs.

    Rarely you'll get a judge who will give them as hard a time as a defendant during proceedings but they're still in the minority I would imagine.

    Have you much in way of bruising etc?

    A few scrapes and my neck hurts. Thx man


  • Registered Users, Registered Users 2 Posts: 20,618 ✭✭✭✭kneemos


    Wrong I said I want to record this because I don't feel safe. I had the phone in my hand and flipped it to open the camera that's when I got choked


    Do you honestly think they were going to stand there at three in the morning and debate with you as you recorded them?
    I would have arrested you for just being annoying.


  • Closed Accounts Posts: 11,631 ✭✭✭✭Hank Scorpio


    You handled that exactly like a thief would. Give your name next time and don't be a stupid dick.

    How would your react then, bend over with 1k in your pocket while trying to get a burger?

    This wasn't NYC, it was Kilkenny


  • Closed Accounts Posts: 11,631 ✭✭✭✭Hank Scorpio


    Whatever I regret posting this now


  • Closed Accounts Posts: 386 ✭✭radiata


    Look, if they were in an unmarked car, I'd understand. But they pulled up in the squad car, and you wouldn't co-operate. You wouldn't allow them search you, you wouldn't give them your name and you got smart with them threathening to record them. What did you expect?? For them to be like "alright sham, off you go so"?

    They put up with so much **** and nonsense from people with attitudes just like yours. How are they supposed to know you're not doing a drop for drugs, after breaking in somewhere etc? You're wandering around at 3am on a Tuesday night, of course that'll raise their interests.

    Not to be harsh but you brought it on yourself

    Are you actually for real???


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  • Posts: 17,378 ✭✭✭✭ [Deleted User]


    How would your react then, bend over with 1k in your pocket while trying to get a burger?

    This wasn't NYC, it was Kilkenny

    With 1k and police looking for a burglar, I'd say "my name is ads by Google and I'd like to be searched at the station as I have money on me from the casino." Then show them the membership card and explain that they can ask there about the money.


    I certainly wouldn't go full retard and starting talking about whether or not I even have to give my name.


  • Banned (with Prison Access) Posts: 55 ✭✭You Mirin?


    Write everything down and take photos of any possible bruising etc. and speak to a solicitor as soon as you can, how you were treated isn't right.


    But, also honestly, you should've just told them your name and that you'd just come from the casino like you actually had. At least you still have your winnings, right? They didn't take it or anything I hope?


  • Closed Accounts Posts: 11,631 ✭✭✭✭Hank Scorpio


    You Mirin? wrote: »
    Write everything down and take photos of any possible bruising etc. and speak to a solicitor as soon as you can, how you were treated isn't right.


    But, also honestly, you should've just told them your name and that you'd just come from the casino like you actually had. At least you still have your winnings, right? They didn't take it or anything I hope?

    Nah they took nothing I just wanted to go home


  • Banned (with Prison Access) Posts: 1,162 ✭✭✭strelok


    best thing to do is to know your rights and responsibilities ahead of time


    second best thing is if someone has the power to legally kidnap you on a whim, do what they say.


  • Registered Users, Registered Users 2 Posts: 4,468 ✭✭✭matt-dublin


    I'd also send a tip into the journal about it because if they publish something it puts the Gardai on the back foot immediately as there's already enough publicity about excessive use of force from them.


  • Closed Accounts Posts: 1,955 ✭✭✭Sunflower 27


    For being smart he gets thrown in a cell. FFS. I am shocked people think the reaction of the guards is OK.

    Same thing happened to my partner walking home late one night with his hoodie pulled up. Squad car screeched up next to him and he was screamed at. Why should anyone have to accept that carry on?

    Utterly ridiculous carry on by bored gardai with nothing better to do.


  • Registered Users, Registered Users 2 Posts: 20,618 ✭✭✭✭kneemos


    Wouldn't waste your money on solicitors in fairness. Unless you have a really big win:)


  • Closed Accounts Posts: 11,631 ✭✭✭✭Hank Scorpio


    kneemos wrote: »
    Wouldn't waste your money on solicitors in fairness. Unless you have a really big win:)

    I don't see why I was choked out when I said I wanted to record what was happening, do u?


  • Registered Users, Registered Users 2 Posts: 540 ✭✭✭Intothesea


    Sounds like an opportunistic 'roughing up the drunk guy' effort to me. Doubtless the guards knew you were plastered and wouldn't comply well. What matters more than what you said is the tone in which you said it. From what you've described, I'd say you needed a bit of gentle persuasion, not a bloody headlock. I've heard this story before; I hear the same sense of unfairness and indignity across these stories. I hope you can do something that can discourage this type of behavior.


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  • Closed Accounts Posts: 11,631 ✭✭✭✭Hank Scorpio


    Intothesea wrote: »
    Sounds like an opportunistic 'roughing up the drunk guy' effort to me. Doubtless the guards knew you were plastered and wouldn't comply well. What matters more than what you said is the tone in which you said it. From what you've described, I'd say you needed a bit of gentle persuasion, not a bloody headlock. I've heard this story before; I hear the same sense of unfairness and indignity across these stories. I hope you can do something that can discourage this type of behavior.

    I wasnt plastered, but Yeh your right, I choked a puppy


  • Registered Users, Registered Users 2 Posts: 34 DaveWalsh2020


    Jaysuuuus you should of gave name etc... But he should not off choked you out.. Did you resist when he had you in the head lock or did he just go for the knock out....


  • Closed Accounts Posts: 11,631 ✭✭✭✭Hank Scorpio


    Jaysuuuus you should of gave name etc... But he should not off choked you out.. Did you resist when he had you in the head lock or did he just go for the knock out....

    Didn't resist. I'm done now gonna get professional advice tomorrow.


  • Registered Users, Registered Users 2 Posts: 20,618 ✭✭✭✭kneemos


    I don't see why I was choked out when I said I wanted to record what was happening, do u?


    You didn't cooperate and then tried to record what was happening.

    Kinda yeah.


  • Closed Accounts Posts: 11,631 ✭✭✭✭Hank Scorpio


    kneemos wrote: »
    You didn't cooperate and then tried to record what was happening.

    Kinda yeah.

    Good man. It happened in like 30 seconds


  • Closed Accounts Posts: 1,304 ✭✭✭Jon Stark


    With 1k and police looking for a burglar, I'd say "my name is ads by Google and I'd like to be searched at the station as I have money on me from the casino." Then show them the membership card and explain that they can ask there about the money.


    I certainly wouldn't go full retard and starting talking about whether or not I even have to give my name.

    There's a bit of retard going around but it ain't from the OP.

    Maybe the OP could have handled it better but he shouldn't have been approached in the first place. Robberies in the area eh? So let's harass the chap on his own and on foot at 3am, because that screams thief extraordinaire.

    It shows real hard man and woman mentality to deal with a situation like they did. Let's see if they are as hard on the run up to Halloween when actual scum are prowling the streets in gangs.


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  • Posts: 17,378 ✭✭✭✭ [Deleted User]


    I don't see why I was choked out when I said I wanted to record what was happening, do u?

    You had refused to give your name and be searched and then wanted to record their reaction. Sounds like you were hoping for them to slip up on video.

    Why didn't you want to give your name? What could have possibly gone wrong if you had?


    I've got zero sympathy and think you actually deserved it. I've got no love for the guards but at least I know how to not rile them for absolutely no reason.


  • Moderators, Arts Moderators Posts: 35,788 Mod ✭✭✭✭pickarooney


    The cops may not have taken your thousand bucks but the lawyer certainly will.


  • Registered Users, Registered Users 2 Posts: 540 ✭✭✭Intothesea


    I wasnt plastered, but Yeh your right, I choked a puppy

    Sorry, I thought in your OP you said you'd had a few bottles (of wine). I see now that you meant bottles of beer! I suppose if the cops knew you were sober they would have expected you to comply without allowing for drunkenness. Still though, their actions are totally out of bounds.


  • Closed Accounts Posts: 11,631 ✭✭✭✭Hank Scorpio


    You had refused to give your name and be searched and then wanted to record their reaction. Sounds like you were hoping for them to slip up on video.

    Why didn't you want to give your name? What could have possibly gone wrong if you had?


    I've got zero sympathy and think you actually deserved it. I've got no love for the guards but at least I know how to not rile them for absolutely no reason.

    Fair enough. Still don't see why I was choked out with my hands cuffed. I don't see why I should give personal details to strangers when I'm surrounded. If by law I should I'm in the wrong


  • Closed Accounts Posts: 386 ✭✭radiata




    I've got zero sympathy and think you actually deserved it.

    So he deserved to be choked and pass out on the ground for not committing a crime...ya, that really makes sense:mad:


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  • Closed Accounts Posts: 10,562 ✭✭✭✭Sunnyisland


    Some guards think there a law unto themselves, Going by the OP the guards could have handled it much better and civilised,but no they had to get heavy handed and in doing so just lost another members of the public respect . Follow it through OP.


  • Registered Users, Registered Users 2 Posts: 1,178 ✭✭✭Fozzie Bear


    ...bend over with 1k in your pocket while trying to get a burger?

    This wasn't NYC, it was Kilkenny

    No one asked you to bend over. All they asked was your name. Why not be curtious and reply with your name?? You immediately went on the defensive with them, like, I dunno, somebody with something to hide. Refused to co-operate in any way shape or form and then decided to get the camera phone out. Why in Gods name did you feel threatened or intimidated? They are 3 Gardai in a marked squad car in the middle of Kilkenny asking you your name. Not 3 gang bangers in the Bronx. Did you think they were going to steal your money or something? FFS, seriously?!

    What did you expect the Garda to do from that point on ward apart from arrest you until the could be satisfied you were not a burglar?

    Maybe they shoud have asked your name again and say "pretty please" this time in the hope you would just answer him? Maybe wait for you to get the camera phone out, get the camera function on, switch over to video and then point it in his face? Maybe just let you walk off without knowing who you are or where you are coming from?

    How would your react then,

    How would I or most people react?

    Well right after the Garda mentioned there had been burgalries in the area (hence why they stopped a lone guy with a hoodie up walking down the street at 3am on a random Tuesday night) and asked me my name, I'd have told him my name. Then when he asked could he search me I'd have said sure but by the way I have a grand in winnings from the casino, shown my memebership card, receipts, whatever proof I had on me and mentioned that the CCTV in the casion will no doubt prove this also.

    After all this I would have made my way to Supermacs, had a burger and chips and went home to bed still buzzing from having won a grand earlier.

    It would have made a good story even greater to tell my mates over a pint this weekend that I won a grand and almost got nicked by the Gardai afterwards (ha ha). But instead you are on here moaning about getting yourself arrested with the usual defenders of freedom spouting crap and telling you to complain to all and sundry. No point because you have not got a leg to stand on.


  • Posts: 0 [Deleted User]


    So you had 4 bottles on a night you won a lot of money over 6 hours at a casino?

    And you are used to drinking, as you know that you will get drunk at 14 bottles?

    So you go out a bit?

    But on the night you spent 6 hours at a casino winning a lot of money, you decided to rein it in?

    And you were out till 3 am?

    Did you have other drinks?

    Do you take drugs?

    Have you ever taken drugs?

    So after 6 hours winning lots of money, at 3 am, you met these 3 Gardai?

    And they simply asked for your name?

    Why didn't you give them your name?

    Did the drink have you feeling edgy? What was it again, oh yeah 4 drinks over 6 hours.

    Why didn't you give your name?

    And you reached for your phone. Could you show us this action?

    Can you remember precisely the order in which each of the 3 Gardai here today spoke to you. They can, but then they obviously had no drink on them.

    And so on and so on and so on... It won't be pretty.


  • Closed Accounts Posts: 11,631 ✭✭✭✭Hank Scorpio


    He laughed at me when I was on the ground. They surrounded me and I didn't know what to do.

    When I got out of custody I asked him could I use his pen cause I could not read his writing.

    "This is my pen your not getting it" blah blah

    I was walking home tonight and felt intimidated and reacted in a defensive way. I didn't raise a hand to anyone. I could of reacted better but I know I did nothing wrong. Its whatever

    Bye now.


  • Posts: 0 [Deleted User]


    I was walking home tonight and felt intimidated and reacted in a defensive way. I didn't raise a hand to anyone. I could of reacted better but I know I did nothing wrong. Its whatever

    Bye now.

    In fairness, at least you accept that you reacted wrongly. And it's a pity, because now you can see how things escalate with the Gardai once someone acts wrongly.

    I'd say your case for compensation, as one or two here hilariously suggested, has just ended!


  • Closed Accounts Posts: 11,631 ✭✭✭✭Hank Scorpio


    In fairness, at least you accept that you reacted wrongly. And it's a pity, because now you can see how things escalate with the Gardai once someone acts wrongly.

    I'd say your case for compensation, as one or two here hilariously suggested, has just ended!
    I'm not into compensation I'm not a scummer. I said I felt intimidated and wanted to record what was happening, then I got choked


  • Registered Users, Registered Users 2 Posts: 168 ✭✭AdamB


    So you had 4 bottles on a night you won a lot of money over 6 hours at a casino?

    And you are used to drinking, as you know that you will get drunk at 14 bottles?

    So you go out a bit?

    But on the night you spent 6 hours at a casino winning a lot of money, you decided to rein it in?

    And you were out till 3 am?

    Did you have other drinks?

    Do you take drugs?

    Have you ever taken drugs?

    So after 6 hours winning lots of money, at 3 am, you met these 3 Gardai?

    And they simply asked for your name?

    Why didn't you give them your name?

    Did the drink have you feeling edgy? What was it again, oh yeah 4 drinks over 6 hours.

    Why didn't you give your name?

    And you reached for your phone. Could you show us this action?

    Can you remember precisely the order in which each of the 3 Gardai here today spoke to you. They can, but then they obviously had no drink on them.

    And so on and so on and so on... It won't be pretty.

    The gardai wouldn't ask !


  • Posts: 0 [Deleted User]


    I'm not into compensation I'm not a scummer. I said I felt intimidated and wanted to record what was happening

    You should make a note of everything that happened, particularly who said and did what, and go to a doctor about the panic attack, particularly if it's happened in the past.

    And then think about it again in a few days.


  • Closed Accounts Posts: 11,631 ✭✭✭✭Hank Scorpio


    You should make a note of everything that happened, particularly who said and did what, and go to a doctor about the panic attack, particularly if it's happened in the past.

    And then think about it again in a few days.

    Duly noted. Easy to write things without knowing what happened though. I was there, you were not


  • Registered Users, Registered Users 2 Posts: 28,398 ✭✭✭✭Turtyturd


    So you had 4 bottles on a night you won a lot of money over 6 hours at a casino?

    And you are used to drinking, as you know that you will get drunk at 14 bottles?

    So you go out a bit?

    But on the night you spent 6 hours at a casino winning a lot of money, you decided to rein it in?

    And you were out till 3 am?

    Did you have other drinks?

    Do you take drugs?

    Have you ever taken drugs?

    So after 6 hours winning lots of money, at 3 am, you met these 3 Gardai?

    And they simply asked for your name?

    Why didn't you give them your name?

    Did the drink have you feeling edgy? What was it again, oh yeah 4 drinks over 6 hours.

    Why didn't you give your name?

    And you reached for your phone. Could you show us this action?

    Can you remember precisely the order in which each of the 3 Gardai here today spoke to you. They can, but then they obviously had no drink on them.

    And so on and so on and so on... It won't be pretty.

    Spoken like an expert in Bird Law.


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