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Why do customs open up random packages but Garda don’t search random cars

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  • 05-06-2018 10:30pm
    #1
    nails1
    Registered Users Posts: 495 ✭✭


    I ordered a number of pricey collectors items online. Customs opened up these packages and have dramatically reduced their value. It got me thinking why can customs do this randomly to see if there’s drugs or illegal items without any sort of suspicion or warrant? It should be implemented the same way that Garda need suspicion or warrant to search a car or property


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    #2
    Tigger
    Closed Accounts Posts: 16,707 ✭✭✭✭Tigger


    nails1 wrote: »
    I ordered a number of pricey collectors items online. Customs opened up these packages and have dramatically reduced their value. It got me thinking why can customs do this randomly to see if there’s drugs or illegal items without any sort of suspicion or warrant? It should be implemented the same way that Garda need suspicion or warrant to search a car or property

    They do


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    #3
    Indricotherium
    Closed Accounts Posts: 1,577 ✭✭✭Indricotherium


    u obviously never bought that evo


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    #4
    nails1
    Registered Users Posts: 495 ✭✭nails1


    Tigger wrote: »
    They do

    Yep they do but they shouldn’t, especially when a Garda can’t


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    #5
    Tigger
    Closed Accounts Posts: 16,707 ✭✭✭✭Tigger


    nails1 wrote: »
    Yep they do but they shouldn’t, especially when a Garda can’t

    The garda search cars


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    #6
    whippet
    Registered Users Posts: 7,672 ✭✭✭whippet


    nails1 wrote: »
    Yep they do but they shouldn’t, especially when a Garda can’t

    it's the custom's role to investigate stuff entering the state and matters concerning revenue.


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    #7
    nails1
    Registered Users Posts: 495 ✭✭nails1


    Tigger wrote: »
    The garda search cars

    They don’t pull over random cars and start searching them for no reason unless they have reason to believe that car has something illegal.


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    #8
    Tigger
    Closed Accounts Posts: 16,707 ✭✭✭✭Tigger


    nails1 wrote: »
    They don’t pull over random cars and start searching them for no reason unless they have reason to believe that car has something illegal.

    Nor do revenue


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    #9
    Glass fused light
    Registered Users Posts: 1,576 ✭✭✭Glass fused light


    Customs duty and import taxes cover all products transported into the country.
    If your product does not have to be illegal just of sufficient economic value to be liable for vat or duty or other revenue control.
    Customs don't need suspicions as all product 'qualify' for inspection once they cross the border.


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    #10
    nails1
    Registered Users Posts: 495 ✭✭nails1


    Tigger wrote: »
    Nor do revenue

    They do. They stop random packages to check


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    #11
    Tigger
    Closed Accounts Posts: 16,707 ✭✭✭✭Tigger


    nails1 wrote: »
    They do. They stop random packages to check

    They check patches that ping their algorithms


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    #12
    Sleeper12
    Registered Users Posts: 16,929 ✭✭✭✭Sleeper12


    nails1 wrote:
    I ordered a number of pricey collectors items online. Customs opened up these packages and have dramatically reduced their value. It got me thinking why can customs do this randomly to see if there’s drugs or illegal items without any sort of suspicion or warrant? It should be implemented the same way that Garda need suspicion or warrant to search a car or property


    It's usually to check the value & to see if duty & vat are due.

    Are these posted from outside the EU?


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    #13
    nails1
    Registered Users Posts: 495 ✭✭nails1


    Sleeper12 wrote: »
    It's usually to check the value & to see if duty & vat are due.

    Are these posted from outside the EU?

    No they were from uk


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    #14
    Eggs For Dinner
    Registered Users Posts: 2,949 ✭✭✭Eggs For Dinner


    I'm sure I read somewhere that Customs can even enter your home without a warrant. Very wide powers


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    #15
    Sleeper12
    Registered Users Posts: 16,929 ✭✭✭✭Sleeper12


    Eggs For Dinner wrote:
    I'm sure I read somewhere that Customs can even enter your home without a warrant. Very wide powers

    That is true. In some ways they have more powers than the Gardai


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    #16
    GM228
    Registered Users Posts: 8,925 ✭✭✭GM228


    Sleeper12 wrote: »
    Eggs For Dinner wrote: »
    I'm sure I read somewhere that Customs can even enter your home without a warrant. Very wide powers

    That is true. In some ways they have more powers than the Gardai

    It's not true, Customs can not enter a private dwelling without a warrant.


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    #17
    banie01
    Registered Users Posts: 16,553 ✭✭✭✭banie01


    nails1 wrote: »
    They do. They stop random packages to check

    Not random, they stop packages that flag on their system.
    Things like using FedEx/DHL or other courier shipping and then declaring item value as low or sample for example.
    €100+ shipping costs on a cheap item always raises a flag, plenty more things too.

    International post is screened and risk assessed, opening and interception is not a random process.


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    #18
    Sleeper12
    Registered Users Posts: 16,929 ✭✭✭✭Sleeper12


    GM228 wrote:
    It's not true, Customs can not enter a private dwelling without a warrant.


    Yes they can.


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    #19
    GM228
    Registered Users Posts: 8,925 ✭✭✭GM228


    Sleeper12 wrote: »
    Yes they can.

    No they can't, it's very specific in the legislation.

    http://www.irishstatutebook.ie/eli/2001/act/7/section/136/enacted/en/html#sec136
    136.—(1) An officer may, at all reasonable times, on production of the authorisation of such officer if so requested by any person affected, enter a premises or other place (other than a dwelling) in which....

    It's also made very clear several times in Revenue's Powers Manual, for example:-
    ② Statutory powers of entry/search do not extend to private dwellings. However, these powers can be exercised in the garden, yard or driveway of a dwelling.

    They tried to bring in such a provision with the Finance (Local Property Tax) Act 2012 in relation to the LPT, but it was found to be unconstitutional and that provision was then removed from the Act in 2013.


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    #20
    Reati
    Registered Users Posts: 1,922 ✭✭✭Reati


    nails1 wrote: »
    They don’t pull over random cars and start searching them for no reason unless they have reason to believe that car has something illegal.

    No. But if you happen to be on a back road on the way home from work at night where they are waiting for a dealer or someone else you get searched. Has happened twice to me in the course of a few weeks. I let them work away. They had the ASU lads with them.


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    #21
    Sleeper12
    Registered Users Posts: 16,929 ✭✭✭✭Sleeper12


    GM228 wrote:
    No they can't, it's very specific in the legislation.


    So they can't follow you off the boat, follow you & enter your house?


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    #22
    RobbingBandit
    Registered Users Posts: 18,095 ✭✭✭✭RobbingBandit


    A lot of people are buying funko pop vinyl figures from outside the EU revenue have caught on and especially ones from Australia are being hammered for import charges.


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    #23
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,715 Admin ✭✭✭✭✭hullaballoo


    The dwelling of every citizen is inviolable and shall not be forceably entered save in accordance with law.


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    #24
    GM228
    Registered Users Posts: 8,925 ✭✭✭GM228


    Sleeper12 wrote: »
    So they can't follow you off the boat, follow you & enter your house?

    Nope they can't as already shown.


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    #25
    mynamejeff
    Banned (with Prison Access) Posts: 3,315 ✭✭✭mynamejeff


    Reati wrote: »
    No. But if you happen to be on a back road on the way home from work at night where they are waiting for a dealer or someone else you get searched. Has happened twice to me in the course of a few weeks. I let them work away. They had the ASU lads with them.

    not random then is it ?

    specific intelligence on a quite back road with little traffic.

    unfortunate coincidence that you were there but not random


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