Can you film Garda as they commence a personal search on you or I your car?

badgerboy101

Hey guys anyone know the law about filming Garda as they commence a search of your person or your car under the misuse of drugs act. Because they don't know the law them selves and I want to film them as they are harassing me constantly over a tiny bit of cannabis and the things they say to you off camera are horrendous stuff they definitely can't say to you like not telling you your rights or when you choose to uphold your silence they try to sway you into thinking it's a bad move and if that's the way you want to play it then your f##ked in those words that can't be legal like. Would really appreciate an answer from someone who knows definitely.

mynamejeff

So you'd car got searched and you got caught with something and you didn't enjoy the interaction ? What exactly did they do to you?
To answer your question yes you can film Gardai but you might consider not winding up people who you are already in trouble with . The law against filming Gardai apply to Garda station and comes under anti terror laws I understand

BorneTobyWilde

Probably should stream live, if recording they could just beat you up ,get your phone and take it and destroy it.

the sheriff is HERE

Legally yes you can OP as long as you're in a public place, but with that

I'd advise you not too, they use their discretion alot more if you treat them as you would want to be treated.

Green Peter

if the search is positive then they can seize the phone and recording as evidence.

by8auj6csd3ioq

if the search is positive then they can seize the phone and recording as evidence.

 i think they would have to have a reason to believe there was something pertaining to the search on the phone. And be able to stand over that not use as excuse to take phone.
Example If the person searched  had child porn dvd it may be reasonable to think there may be footage on the phone. If you have cocaine maybe not so much unless you film your self snorting
I do not know if that is legally correct and is not advice

tedpan

So you're actively waiting for the next search?

by8auj6csd3ioq

Also OP there may be different legislation depending on whether you were in a car . And see section 8 Criminal Law Act 1976 and DDP V Fagan  https://www.irishtimes.com/news/law-report-1.1016088

badgerboy101

No that's the problem I never have anything on me but I was caught before with very small amounts of cannabis. And they just keep harassing me like if they see me driving in town they will pull me over in the middle of town and search the car and me which is highly embarrassing. But it's the things they say to you that can't be legal ya know. So I was wondering if I could film them legally and if anything dodgy is said I'd pass the bus or straight on to my solicitor. Like I always comply and just let them get on with it and never abuse them or anything I just stand back. But when you choose to uphold your right to remain silent they get very aggressive and basically I've been told by them before in a search that if that's the way I want to play it by exercising my right that it wouldn't be in my best interests and they told me before they would make my life a living hell on numerous occasions and then antagonizing me by saying stuff like your a scumbags and I was called a fat **** by one before like that can't be legal. I was caught with a few joints one time and they think I'm a scumbags I have no other charges besides that one I like to smoke cannabis and all I get is abuse I'm not a dealer or anything like. But thanks for the reply mate much appreciated

badgerboy101

Ya exactly I've been caught with a very small amount before but go if they see me more often than not they will pull me over and I would never have anything on me. So I was just wondering the story. I posted a longer reply there ya can read that to hear the extent of the abuse they give me

punisher5112

badgerboy101 wrote: »

No that's the problem I never have anything on me but I was caught before with very small amounts of cannabis. And they just keep harassing me like if they see me driving in town they will pull me over in the middle of town and search the car and me which is highly embarrassing. But it's the things they say to you that can't be legal ya know. So I was wondering if I could film them legally and if anything dodgy is said I'd pass the bus or straight on to my solicitor. Like I always comply and just let them get on with it and never abuse them or anything I just stand back. But when you choose to uphold your right to remain silent they get very aggressive and basically I've been told by them before in a search that if that's the way I want to play it by exercising my right that it wouldn't be in my best interests and they told me before they would make my life a living hell on numerous occasions and then antagonizing me by saying stuff like your a scumbags and I was called a fat **** by one before like that can't be legal. I was caught with a few joints one time and they think I'm a scumbags I have no other charges besides that one I like to smoke cannabis and all I get is abuse I'm not a dealer or anything like. But thanks for the reply mate much appreciated

I don't really see what you want you are partaking in the world of illegal substances and have a red flag against you and possibly even your car.

I would suggest if you want an easier life and to stay out of trouble then stop cruising around the town looking for attention and ditch the loud exhaust.... I mean seriously if you want to be taken seriously stop doing drugs.

badgerboy101

I presumed as much in the case of a find alright. But I've been caught once with a small amount and they treat me like **** and as though I'm some huge dealer. The reason I wanted to know is because half of them don't know the law them selves and they will tell you you aren't allowed. But it's to document them harassing me more than anything and if I'm filming them they won t say half the stuff they say to me. You'll see the full extent in a different reply I sent to someone

badgerboy101

Wow that's super condescending mate. I'm 29 years old with a primera family car I don't drive around looking for attention. I am a single father who chooses to smoke cannabis, it being illegal is a joke anyway and harassing me for a couple of joints Jesus like. I'm only looking for a bit of help.

punisher5112

badgerboy101 wrote: »

Ya exactly I've been caught with a very small amount before but go if they see me more often than not they will pull me over and I would never have anything on me. So I was just wondering the story. I posted a longer reply there ya can read that to hear the extent of the abuse they give me

You need to think you are in control of a killing machine, have been caught with drugs and you think you are hard done by.

By all means record if you want but I don't see why you feel hard done by.

It seams it's a bit of a game for you.
They don't know if you are a dealer or not and may be trying to scope that out.

Also remember they now have power to drug test and expect a ban and impossibility of getting insurance after.

Bubbaclaus

badgerboy101 wrote: »

No that's the problem I never have anything on me but I was caught before with very small amounts of cannabis. And they just keep harassing me like if they see me driving in town they will pull me over in the middle of town and search the car and me which is highly embarrassing. But it's the things they say to you that can't be legal ya know. So I was wondering if I could film them legally and if anything dodgy is said I'd pass the bus or straight on to my solicitor. Like I always comply and just let them get on with it and never abuse them or anything I just stand back. But when you choose to uphold your right to remain silent they get very aggressive and basically I've been told by them before in a search that if that's the way I want to play it by exercising my right that it wouldn't be in my best interests and they told me before they would make my life a living hell on numerous occasions and then antagonizing me by saying stuff like your a scumbags and I was called a fat **** by one before like that can't be legal. I was caught with a few joints one time and they think I'm a scumbags I have no other charges besides that one I like to smoke cannabis and all I get is abuse I'm not a dealer or anything like. But thanks for the reply mate much appreciated

Is there a reason why you remain silent if you've nothing to hide? They're likely keeping after you because you act so suspicious.

punisher5112

badgerboy101 wrote: »

Wow that's super condescending mate. I'm 29 years old with a primera family car I don't drive around looking for attention. I am a single father who chooses to smoke cannabis, it being illegal is a joke anyway and harassing me for a couple of joints Jesus like. I'm only looking for a bit of help.

Condescending no.... You are going on like how can I get one over.
You come across immature.... Not an attack at all on you but maybe you should consider a change especially as you have a family.

punisher5112

You can record and take pictures once in a public place but being a dick with the cops won't help.

badgerboy101

No reason just choosing to to exercise my right. Like I obviously don't blank them I tell them my name and all that but they start the **** chat while your waiting and they say stuff to aggregate you so I choose not to get into it because they are only trying to get me worked up so I'll say something offensive to them but I don't bite. I should have made that clearer like I don't just say nothing I comply with what they ask but for the offensive stuff they say that's when I choose to stay silent. Ya know

badgerboy101

Thanks but who said I was being a dick I comply with everything they ask I just choose to stay silent when they start the offensive talk.

Green Peter

badgerboy101 wrote:

Ya exactly I've been caught with a very small amount before but go if they see me more often than not they will pull me over and I would never have anything on me. So I was just wondering the story. I posted a longer reply there ya can read that to hear the extent of the abuse they give me

You sound like you could be a candidate for a drug driving arrest. I'd give up the whacky backey if I were you and life might get a bit easier. You could move to Amsterdam and be a model citizen there.

punisher5112

badgerboy101 wrote: »

Thanks but who said I was being a dick I comply with everything they ask I just choose to stay silent when they start the offensive talk.

Never said you were but would advise to play along.

As I said you have a marker on the car and possible one has an issue with you.

Don't think I'm attacking you as I've had a vendetta against me by one before but as I said you have a family and I'm sure you need transportation so possible you need to put those 1st.

If you feel so strongly about to make it legal do fight for it.

I like a drink but I must be careful not to mix with driving and as I said they do drug tests now so be careful.

I would change cars and lay low for a while and they will forget about you.

badgerboy101

Very condescending mate you presumed I'm some young fella around town causing trouble I like to smoke a few joints for my ptsd. And I'm not trying to get one over I'm just looking at options so they will behave in a manner suited to the situation and not calling me a fat **** would be nice. I never abuse them like I see some people I comply with everything I'm asked I just don't think it's fair to treat me like that. When I was caught with 3 joints nearly 8 years ago mate. So please stop assuming I'm only asking for advice. You don't know me or what I've been through a little bit of cannabis 2 or 3 times a week helps me get out of the house again what would you do if you had a severe mental illness and the only alternative is being put on xanax by a doctor I've been through that and it's not something nice to get off. So this helps me. I harm no one get off your high horse before judging mate. But I appreciate you taking the time to respond regardless all the best mate

Rubberchikken

Definitely do.
After all we dont have the most upstanding honest policing in the world.

badgerboy101

Thanls for the commemts maye but i never smoke anf drive dude as i said only 2 to 3 times a week and thats well after 9 at night when me kid is in bed. But cheers good advice it's just a small town too ya know they ain't got much better to be doing. But that's life I was only seeking advice on the legality of filming

badgerboy101

For 8 years over 3 joints 8 years ago

badgerboy101

I never smoke and drive and they don't test me either just search, but thanks for the reply

dinnybyrne

So you are partaking in illegal drug taking and you feel its wrong to be searched? You are not in the states, how about you stop being an a$$hole and put the phone away.

badgerboy101

Thanks so much to everyone for the helpful advice. Take care guys much appreciated.

badgerboy101

Wow don't ya love being abused for asking a simple question. What has America got to do with anything. Are you that bored at home that you just had to say that. Wow people like you amaze me. I didn't come here for abuse or arguments. Just asked a simple question was I allowed to do something or not I'm not trying to stop being searched as I understand it's illegal which isn't right but that's the situation. I would just like to be treated within the parameters of the law when it does happen. All the best in life mate

punisher5112

badgerboy101 wrote: »

Very condescending mate you presumed I'm some young fella around town causing trouble I like to smoke a few joints for my ptsd. And I'm not trying to get one over I'm just looking at options so they will behave in a manner suited to the situation and not calling me a fat **** would be nice. I never abuse them like I see some people I comply with everything I'm asked I just don't think it's fair to treat me like that. When I was caught with 3 joints nearly 8 years ago mate. So please stop assuming I'm only asking for advice. You don't know me or what I've been through a little bit of cannabis 2 or 3 times a week helps me get out of the house again what would you do if you had a severe mental illness and the only alternative is being put on xanax by a doctor I've been through that and it's not something nice to get off. So this helps me. I harm no one get off your high horse before judging mate. But I appreciate you taking the time to respond regardless all the best mate

Not your mate, you didn't give all that info and I was just giving my opinion.

I am sorry you took it up that way but it is how you came across.

So many come on and say they done nothing or whatever and then the story changes.

8 years is a long time for them to be chasing.

Maybe stay clear of the town in the car and change your routine up a bit.

I here you and can sympathize with you but look at it from their side also.
Hard to do this but try they may think you are growing it, dealing or may even be trying to get info on where you get it.

Look at all the killings going on over drugs it may only be a small amount but if there is a demand this won't stop.

badgerboy101

That's okay mate I appreciate you taking the time to Answer. Like I totally understand why there doing it I know they have a job to do bit all I'm looking for it to be treated fair while it's happening I'm not looking for a way out but would just like to be treated fairly in accordance with the law ya know when it does happen. But thanks again mate all the best

badgerboy101

And I totally agree about everything with all the gangs and all that but the fact is. While prohibition exists the money is going to these a holes ya know. I'd much prefer to get it off a doctor for my condition. But such is life. Thanks again pal

badgerboy101

I guess I should have mentioned at the start about my condition. From doing 3 tours in Afghanistan

punisher5112

I do apologize for how I came across.... I didn't mean for to sound like that it's something you do see a lot of though.

Why do I get stopped etc.


Biggest thing usually is driving style, type of car and just basic carry on.

I love my cars but have never been pulled or checked.
Have a heavy right foot obviously stopped for that on occasion but otherwise get on grand.

Would you consider having a chat with the Sargent and voicing your concerns about your treatment.

pablo128

dinnybyrne wrote: »

So you are partaking in illegal drug taking and you feel its wrong to be searched? You are not in the states, how about you stop being an a$$hole and put the phone away.

Mod: anti-AGS rant deleted. Pls do not post such here again.

SmartinMartin

badgerboy101 wrote: »

I guess I should have mentioned at the start about my condition. From doing 3 tours in Afghanistan

Ah you should have said. Sure you're exempt all that law stuff that applies to everyone else. Away with ya.

badgerboy101

Ya I totally understand that I always hear it I know well why I'm being stopped like. It's something I've tried to do but it's essentially my word against theirs ya know that's why I asked the question because either I catch them saying something like they have before and I've proof to show someone or else at the least they might treat me fair knowing they are being recorded ya know. I think it's because I served in the British army too because they call me things like black and tan lover ya know which is highly disrespectful.

Sleeper12

If you stop leaving little bits of hash lying about your car then they'll stop searching you.

Don't forget that legally you are in the wrong if you have hash

Sleeper12

badgerboy101 wrote:

Wow that's super condescending mate. I'm 29 years old with a primera family car I don't drive around looking for attention. I am a single father who chooses to smoke cannabis, it being illegal is a joke anyway and harassing me for a couple of joints Jesus like. I'm only looking for a bit of help.

Your children can find the little bits of hash lying around. It's not a suitable vehicle for them to be in imo

SmartinMartin

you have a problem lad and i don't think it's cops, you're just focussing on them.You've already said you have ptsd, that's what you need to work on.

Green Peter

badgerboy101 wrote:

I guess I should have mentioned at the start about my condition. From doing 3 tours in Afghanistan

Tell us more!

splinter65

badgerboy101 wrote: »

And I totally agree about everything with all the gangs and all that but the fact is. While prohibition exists the money is going to these a holes ya know. I'd much prefer to get it off a doctor for my condition. But such is life. Thanks again pal

I believe you when you say they are verbally abusing you.
Very wrong of whoever it is,
Don’t bother with the recording, it won’t help the situation.
You need to write to the Super. every time this happens and keep copies of the letters and his reply to you.
In a friendly way point out that you will have no hesitation going to the Garda Ombudsman if the harassment doesn’t stop.
If it doesn’t stop then do exactly that.

Greysquirel09

Next time it happens, if it does happen just start recording and and state the time and date and apologise to the Gardai for recording them but you've been advised to by your solicitor. That's harassment. A mate of mine was stopped 7 times in 4 weeks coming home from work late at night all because the car had a body kit on it. Unfortunately there a few Gardai out there who are a disgrace to the uniform.

nxbyveromdwjpg

Get a dash cam or some other discreet camera and record from the car

skulluser

Badger if I were you I would go and report the gardai to the gardai ombudsman

Before that next time they search you\question you I would advise taking a notepad and a pen and writing down the time and date of what they said to you and then file an report with the gardai ombudsman if they keep saying offensive things to you

Otherwise if they are just searching and saying go away then head away

Also no idea what is going on with people here the poor lad just wants some unofficial advise considering he went to his lawyer already

mynamejeff

badgerboy101 wrote: »

I guess I should have mentioned at the start about my condition. From doing 3 tours in Afghanistan

Ya which side were you on ?

might be thats why they keep stopping you ??

Also I dont believe you

Avatar MIA

Are you feeling paranoid, OP? Hmmm

Now, as far as I know the Gardaí are not obliged to tell you the truth. It's one of the reasons people retain solicitors.

nuac

Mod
Any chance of some legal discussion here?

Muahahaha

OP how often are they stopping you? If it is frequently enough then it can be considered harassment.

Also if they are abusing you during these searches then absolutely do record them. Except not overtly and not with your phone. Do a Maurice McCabe on it and get something like this https://www.ebay.co.uk/sch/i.html?_from=R40&_trksid=p2380057.m570.l1311.R4.TR12.TRC2.A0.H1.Xpen+camera.TRS0&_nkw=spy+pen+camera&_sacat=0
Put it in your shirt pocket and when you get pulled over a quick press of the button will start it recording them in audio and video. Then if they abuse you you will have the evidence. Report them to GSOC for giving you abuse but dont mention the recording, allow them their opportunity to tell the truth about what they are saying to you . If they tell lies to GSOC and deny everything then it is now the time to produce a copy of your recording to prove that 1) They are abusing you and 2) They flat out lied to GSOC.

I doubt they will be bothering you after that. No Garda wants a GSOC complaint on their record and especially not one that is found to be credible. Plus if they are found to be willing to lie to GSOC it calls their honesty into question which aint good for a person whose job it is to stand up in a court of law and tell the truth.

the_syco

badgerboy101 wrote: »

No that's the problem I never have anything on me but I was caught before with very small amounts of cannabis.

You're known to them for your use of weed. If they keep searching you, I'd wonder if your response to them causes them to be curious? I'm thinking they do it for the kicks.

badgerboy101 wrote: »

So please stop assuming I'm only asking for advice

Well, you are. Because you're not allowed seek legal advice.
Keep a log, though. Record Garda car license plate, Garda numbers, and time/date & place for harassment.