Don't know where else to post this

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LexieOnRale wrote: »

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

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

matt-dublin wrote: »

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

Who was being smart?

He doesn't have to consent to a search and not consenting to a search doesn't mean he should be assaulted. Does not consenting to a search count as reasonable cause?

If the story is taken at face value I can't understand the apologists for the lads choking people out on the street, at all.

Wabbit Ears

Just always be courteous, accommodating and polite to the guards. If you are incapable of that simple thing then you're gonna have a bad time.

30 year old with a few drinks on him acting like a dumb teenager ffs. (I only had a few, wasn't drunk, swear it, takes at least 10 *cringe*)

Cee-Jay-Cee

You refused to give your name.
You refused to allow yourself to be searched.
You went to take something out of your pocket just as you were about to be searched, for all they knew it could have been a knife or gun.

You were a total dick and deserved everything you got.

TerrorFirmer

If the Gardai received reports of a spate of burglaries in the area, and they then meet a lad with his hood up walking down the street at 3am, it's hardly fantastical that they'd stop to ask a few questions. Your reaction was pretty much exactly the way someone guilty of something would react.

I'm not saying that makes it perfectly fine IF they did what you say that did, but you're hardly Ireland's Rodney King. I'd just chalk it up to experience and move on.

LeBash

And yet we would all be glad if they tackled real scum bags in this manner. Me included. Cops can't win.

Sunnyisland

OP where you charged with any offence or given a caution ?

For your info
A member of the Gardaí can ask any member of the public to stop at any time. You may be legally bound to stop if the Garda believes that you have committed an offence/are committing an offence under the Offences Against the State Acts or if the Garda wishes to check the tax and insurance on your car.
If the Garda is not wearing their uniform, they must show you identification if you ask them.
You may need to give your name and address. If you refuse to do so, you could be arrested.
If the Garda asks you to go to the station with them, you should ask if you are under arrest. If you are under arrest, you must go with them. Fighting it will only add another charge to your case, such as resisting arrest. If you are not under arrest, you do not have to go to the station.
The Gardaí have the right to take you into custody if they believe that you are suffering with mental ill health and could harm yourself or others as a result.

Green Peter

Casino my arse it was drug money you had!

jimgoose

Strictly speaking, you're under no obligation to give your name to a Garda unless he/she has formed the opinion that you've committed an offence under the Public Order Act. The thing about opinions being, of course, that they're quite easily formed. Some fights aren't worth fighting. Just tell them who you are when asked.

Baron Kurtz

All hoods and hoodies should be banned. A real gentleman wouldn't don such prole attire! This is the main problem:)

Edgarfrndly

Your choice of clothing is none of their concern. You probably felt isolated, and picked on without proper reason. In response, you felt obliged to at least rebel a little by refusing to give your name.

Irrespective of what happened, it seemed the fault here lies with the Gardaí. At no point where you a physical threat to them, so there was no requirement to become physical with you. Some Gardaí (but not all) have pretty poor communication skills. I think had they approached you in a more balanced manner, it could have been resolved quickly.

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radiata wrote: »

Are you actually for real???

Yes.
There's always 3 sides to a story. His, theirs, and the truth. Do we live in a society when you can turn around and tell the guards "sorry, I don't feel like being searched and I'm not telling you my name"?

Yes the force used sounds excessive, but there's absolutely nothing going to come of it, as far as I remember before you take that to the Garda ombudsman that it'll have to be sorted at local level first. Ie - make a complaint to the sgt who escalates it to the superintendent, unless that process has changed in the last few years - and it'll be a complete waste of time.

JustTheOne

Another case of I fought the law and the law won.

When will people learn. Just do as your asked by the gards.

Menas

JustTheOne wrote: »

Another case of I fought the law and the law won.

When will people learn. Just do as your asked by the gards.

Exactly. This 'taking on the man' thing is ridiculous. If you have nothing to hide then why act like a 17 year old rebel without a clue? Give them what they want and let them be on their way.
The next person they stop will hopefully be a real criminal.

JustTheOne

Menas wrote: »

Exactly. This 'taking on the man' thing is ridiculous. If you have nothing to hide then why act like a 17 year old rebel without a clue? Give them what they want and let them be on their way.
The next person they stop will hopefully be a real criminal.

It's ridiculous. Gards ask you a question. Hold on I'm taking out my I phone to record this.

As if these people wouldn't kick up a fuss if someone start recording them carrying out their everyday work.

Idiotic.

ytpe2r5bxkn0c1

Morning Guard. Yes, I have the hood up because I'm cold. I'm just coming from the casino and going for some food.
Robberies? Just as well you're here so because I've my winnings with me.
Search? Sure, all I've on me are my winnings.

What was so hard about that?

AudreyHepburn

Hank Scorpio wrote: »

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

To be fair OP you didn't do yourself any favors by refusing to cooperate and acting shifty.

There had been a robbery in the area and unfortunately a young man sauntering down the street with a huge wad of cash in his pocket, his hood up and a bad attitude when he gets stopped is obviously going to arouse suspicion.

And I imagine they got physical with you because they didn't know what you were reaching for in your pocket....it could have been a knife, a gun, anything.

I don't understand why people won't just cooperate with the Gardai when they come to call....you're fooling no-one but yourself by doing otherwise.

Jawgap

kyogger wrote: »

Interesting how recording a public servant supposedly enforcing the law is considered to be a threat.

Dark night, coppers out chasing robbers, find a guy who fits the description, stop to question guy who is evasive before reaching to take something out of his pocket!!!!

Yeah, there's only one way that's going to end. Anyway, thankfully you were in Ireland, dealing with the Guards - try that in a country with an armed police force (especially somewhere like 'Murica) and you'd be in no fit state to type anything.

By all means go to a solicitor, but if it was me I'd take the €150 the consult will cost you and go back to the casino - at least there you'll have a better chance of coming away with something.

NachoBusiness

I think the Guards were right, there are signs of a spate of burglaries taking place, as many of you seem to have had your cornflakes pissed in this fine morning.

I think it's very obvious what happened here..

Some new face wins a lot of cash and before the house had a chance to get some of it back, he high tails it. Casino owner is in tight with the local law enforcement and gets on the blower and asks them to shake the guy down, maybe see if he had been cheating via some electronic means. Magnets, sleeve card counter.

You got shook down OP. Occupational hazard for the skilled gambler. Enjoy your winnings.

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JustTheOne wrote: »

It's ridiculous. Gards ask you a question. Hold on I'm taking out my I phone to record this.

As if these people wouldn't kick up a fuss if someone start recording them carrying out their everyday work.

Idiotic.

Is it really idiotic considering he is claiming he got choked out by them? If the incident was recorded, this wouldn't have happened (or he wouldn't be able to claim it happened).

KERSPLAT!

Why would you not give three uniformed Gardai your name? Whatever about not allowing them to search you but to not give them your name seems silly to me.

From hearing your version, you could have handled it better and so could they.

crazygeryy

How did you win the grand?

Agent Smith

Pretty sure you broke the "Criminal Justice Act" by refusing to give the guards your name.....

Agent Smith

Agent Smith wrote: »

Pretty sure you broke the "Criminal Justice Act" by refusing to give the guards your name.....

Boom

MonkeyTennis

Surely they need reasonable cause.

Barely There

We're only getting one side of a story here.

It's pretty natural to try to portray yourself as completely reasonable when recounting the incident but I'd be suspicious that the OP was perhaps acting in an aggressive manner when he was stopped which would make the Guards actions more justified.

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MonkeyTennis wrote: »

Surely they need reasonable cause.

Reasonable cause is someone with a hoodie (not that they're illegal but it's a uniform for a certain type of person) is wandering around at 3am on a night where robberies had been reported.

Then the person refused to co operate.

Badly Drunk Boy

Cee-Jay-Cee wrote: »

You went to take something out of your pocket just as you were about to be searched, for all they knew it could have been a knife or gun.

He said that he already had the phone in his hand.

TerrorFirmer wrote: »

If the Gardai received reports of a spate of burglaries in the area, and they then meet a lad with his hood up walking down the street at 3am, it's hardly fantastical that they'd stop to ask a few questions. Your reaction was pretty much exactly the way someone guilty of something would react.

If they were worried about 'burglaries' in the area, why didn't they ask if he had seen anything suspicious rather trying to search him, immediately putting him on the defensive?

realies wrote: »

For your info
A member of the Gardaí can ask any member of the public to stop at any time. You may be legally bound to stop if the Garda believes that you have committed an offence/are committing an offence under the Offences Against the State Acts or if the Garda wishes to check the tax and insurance on your car.

You may need to give your name and address. If you refuse to do so, you could be arrested.

I notice a bit of uncertainty there...

AudreyHepburn

MonkeyTennis wrote: »

Surely they need reasonable cause.

They had.

There was a robbery in the area and here they had a man with a large amount of cash on him, refusing to answer questions and acting decidedly shifty and dressed in such a way that it might appear he was trying to avoid being identified. A man who then went to pull god knows what from his pocket.

If that's not reasonable cause I don't know what it.

Samaris

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.

Yees, I'm glad I wasn't the only one reading something of a tone interpretation in there.

A guy being smart can sound in print very much like an innocent guy being nervous and intimidated. A Garda should be trained to tell the difference and act accordingly.

It can be said "Well, there's only one side to this, and obviously he'd put himself over in a good light", and I do agree. But for my money, OP sounds like he's recounting it truthfully, and not particularly putting himself into a good light. Most people if they're being belligerent don't admit to such human reactions as feeling intimidated or alarmed, they say that they were feeling pissed or weren't going to take that sh1t (etc).

Anyway, just throwing that out there.

tonto24

So are you allowed to record the Gardai like he wanted? Serious Q.