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Guards - your rights

  • 28-11-2018 11:18am
    #1
    Registered Users, Registered Users 2 Posts: 68 ✭✭


    ok can someone tell me if you are in a place where the guards are investigating and they stop you what details do you have to give them..

    several people have said you don't have to tell them anything at all, say nothing

    what is the facts here please


«13

Comments

  • Registered Users, Registered Users 2 Posts: 20,558 ✭✭✭✭everlast75


    Please tell me you are live posting this!


  • Closed Accounts Posts: 2,249 ✭✭✭magentis


    Did they have their hats on?


  • Registered Users, Registered Users 2 Posts: 21,085 ✭✭✭✭Stark


    You don't have to give them anything if they're not wearing their hat.


  • Registered Users, Registered Users 2 Posts: 4,165 ✭✭✭Captain Obvious


    Gardaí can request or demand things. You don't have to respond to a request but you have to respond to a demand. There are a number of powers under which they can demand details and can arrest you for not providing them.


  • Moderators, Recreation & Hobbies Moderators, Sports Moderators Posts: 15,790 Mod ✭✭✭✭Tabnabs


    Am I being detained?

    Am I free to go?


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  • Closed Accounts Posts: 14,311 ✭✭✭✭weldoninhio


    alangeorge wrote: »
    ok can someone tell me if you are in a place where the guards are investigating and they stop you what details do you have to give them..

    several people have said you don't have to tell them anything at all, say nothing

    what is the facts here please

    Name and address as far as I know.


  • Registered Users, Registered Users 2 Posts: 115 ✭✭RisingDamp


    If their badge number ends in 7 you have to provide them with answers to any questions they might ask


  • Registered Users, Registered Users 2 Posts: 9,252 ✭✭✭FTA69


    Name, address and vague movements. You don’t have to tell them your date of birth even though many of them will get p*ssy when you refuse to give it to them. They can also direct you to leave an area.


  • Closed Accounts Posts: 61 ✭✭Humphrey BoaGart


    Who did you Ice OP? ;)


  • Registered Users, Registered Users 2 Posts: 16,528 ✭✭✭✭McDermotX


    You have to tell them what you had for breakfast.


    BUT

    And this is the important bit.

    You are in no way obligated to tell them what you had for dinner last night.


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  • Registered Users, Registered Users 2 Posts: 4,165 ✭✭✭Captain Obvious


    FTA69 wrote: »
    Name, address and vague movements. You don’t have to tell them your date of birth even though many of them will get p*ssy when you refuse to give it to them. They can also direct you to leave an area.


    You have to give date of birth under Road Traffic Act.


  • Registered Users, Registered Users 2 Posts: 43,028 ✭✭✭✭SEPT 23 1989


    Do they have a warrant to search the premises

    That's the first question you should roar at them


  • Banned (with Prison Access) Posts: 3,315 ✭✭✭nthclare


    I don't really care because at the end of the day if you've nothing to hide does it matter what they ask or what you tell them.

    It all depends on how easily offended or wound up someone can be.
    I'd answer politely if I was asked anything.

    Now on the other hand if I was known to the guard's a social justice warrior or a snowflake leftie.
    I'd be feeling victimised and make a big deal out of it.
    It would probably end up a **** storm and they'ed have arrested​ me for being a stroppy wuss....


  • Registered Users, Registered Users 2 Posts: 736 ✭✭✭Doff


    Don't tell them anything, no one likes a rat


  • Banned (with Prison Access) Posts: 3,315 ✭✭✭nthclare


    Doff wrote: »
    Don't tell them anything, no one likes a rat

    That's ok if you're a criminal and loyal to your mates.

    Definitely don't rat, but if you've nothing to hide the best thing is go along with them, they'll Justin shrug their shoulders and move on....

    But by being a petty drama queen and being all offended, you'll be harassed and draw their suspicion...


  • Registered Users, Registered Users 2 Posts: 16,528 ✭✭✭✭McDermotX


    Do they have a warrant to search the premises

    That's the first question you should roar at them

    Second should be the always popular

    'Should you not be out catching real criminals ?'

    Guards always like that bit of constructive criticism.


  • Registered Users, Registered Users 2 Posts: 9,252 ✭✭✭FTA69


    nthclare wrote: »
    I don't really care because at the end of the day if you've nothing to hide does it matter what they ask or what you tell them.....

    Yeah f*ck all that noise. “You’ve nothing to worry about if you’ve nothing to hide” is a seriously slippery slope and there’s a disturbing trend of surveillance and monitoring that’s after creeping into the world. Not to mention the fact that the Guards have constantly demonstrated institutional rot and malpractice on a variety of cases. This blanket idea that the cops can do no wrong and can be totally trusted isn’t one I would hold anyway.


  • Closed Accounts Posts: 14,311 ✭✭✭✭weldoninhio


    nthclare wrote: »
    I don't really care because at the end of the day if you've nothing to hide does it matter what they ask or what you tell them.

    It all depends on how easily offended or wound up someone can be.
    I'd answer politely if I was asked anything.

    Now on the other hand if I was known to the guard's a social justice warrior or a snowflake leftie.
    I'd be feeling victimised and make a big deal out of it.
    It would probably end up a **** storm and they'ed have arrested​ me for being a stroppy wuss....

    Tell that to Maurice McCabe


  • Registered Users, Registered Users 2 Posts: 12,235 ✭✭✭✭Cee-Jay-Cee


    alangeorge wrote: »
    ok can someone tell me if you are in a place where the guards are investigating and they stop you what details do you have to give them..

    several people have said you don't have to tell them anything at all, say nothing

    what is the facts here please

    If they are investigating a crime and you are a possible witness or they are looking to eliminate people from their enquires you must give your name and address. You can be arrested and taken to the station while they establish or confirm your identity if you refuse.

    But what I suggest everyone should do is go into snowflake mode, take out your phone and start filming everything spouting about data protection and civil rights and any other bullsh you read on the internet. That's the best approach.


  • Posts: 0 [Deleted User]


    It mightn't be a bad idea to have a recording device on you during any dealings with them. There was a Lithuanian guy in Drogheda who was accused of smuggling guns and one of the detectives told him his children would be put into care and his other half arrested if he didn't admit his alleged guilt. He was recording this and his solicitor played it in court. End of trial there & then. The corrupt pr*ck of a guard never had any action taken against him I think.

    https://www.rte.ie/news/crime/2017/0320/861222-trial-collapse-court/


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  • Registered Users, Registered Users 2 Posts: 12,235 ✭✭✭✭Cee-Jay-Cee


    Tell that to Maurice McCabe

    Good one :rolleyes:


  • Posts: 5,311 ✭✭✭ [Deleted User]


    nthclare wrote: »
    I don't really care because at the end of the day if you've nothing to hide does it matter what they ask or what you tell them.

    It all depends on how easily offended or wound up someone can be.
    I'd answer politely if I was asked anything.

    Now on the other hand if I was known to the guard's a social justice warrior or a snowflake leftie.
    I'd be feeling victimised and make a big deal out of it.
    It would probably end up a **** storm and they'ed have arrested​ me for being a stroppy wuss....

    Don't be ridiculous. Of course it does. This might startle you, but words actually convey meaning. The underlying tone is another factor.


  • Registered Users, Registered Users 2 Posts: 795 ✭✭✭kingchess


    any thing you say can be used in against you in a court of law,which means anything you say will not be used to help you-so stay silent,you guilty bastard you.


  • Registered Users, Registered Users 2 Posts: 4,431 ✭✭✭Sky King


    It mightn't be a bad idea to have a recording device on you during any dealings with them. There was a Lithuanian guy in Drogheda who was accused of smuggling guns and one of the detectives told him his children would be put into care and his other half arrested if he didn't admit his alleged guilt. He was recording this and his solicitor played it in court. End of trial there & then. The corrupt pr*ck of a guard never had any action taken against him I think.

    https://www.rte.ie/news/crime/2017/0320/861222-trial-collapse-court/

    In the USA the po-po are allowed lie to you in order to get to the truth.

    This is an excellent EXCELLENT lecture and if you have the time I recommend anyone watch it.



  • Closed Accounts Posts: 14,311 ✭✭✭✭weldoninhio


    Good one :rolleyes:

    Location: Donegal.

    Sorry Gard.


  • Registered Users, Registered Users 2 Posts: 5,943 ✭✭✭Deebles McBeebles


    alangeorge wrote: »
    ok can someone tell me if you are in a place where the guards are investigating and they stop you what details do you have to give them..

    The newer recruits will just ask for your a/s/l and what your high score is on Candy Crush. Once that's entered in Pulse there's no going back.


  • Registered Users, Registered Users 2 Posts: 656 ✭✭✭drake70


    Have a look at this thread OP

    Now Ye're Talking - to a member of An Garda Síochána
    https://www.boards.ie/vbulletin/showthread.php?t=2057660959


  • Registered Users, Registered Users 2 Posts: 40,642 ✭✭✭✭ohnonotgmail


    The newer recruits will just ask for your a/s/l and what your high score is on Candy Crush. Once that's entered in Pulse there's no going back.


    a/s/l? How old are these new recruits?


  • Registered Users, Registered Users 2 Posts: 8,034 ✭✭✭mad muffin


    I always give my neighbors name and address. ;)


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  • Registered Users, Registered Users 2 Posts: 40,642 ✭✭✭✭ohnonotgmail


    McDermotX wrote: »
    Second should be the always popular

    'Should you not be out catching real criminals ?'

    Guards always like that bit of constructive criticism.


    Dont forget to remind them who pays their wages. They really love that.


  • Registered Users, Registered Users 2 Posts: 32,634 ✭✭✭✭Graces7


    mad muffin wrote: »
    I always give my neighbors name and address. ;)

    Last time I was asked was late one Easter night at a checkpoint when the plain clothes person got stroppy. The smell of whiskey off his breath was overwhelming so I gave him a false address ... and promised to take my documents t o the Gardai within ten days as he asked. He never even took the car reg number and I never heard from them after that...


  • Registered Users, Registered Users 2 Posts: 81,220 ✭✭✭✭biko


    Give them your name and rank, then refer to the Geneva Convention.


  • Banned (with Prison Access) Posts: 3,315 ✭✭✭nthclare


    Don't be ridiculous. Of course it does. This might startle you, but words actually convey meaning. The underlying tone is another factor.

    Well ok I'm looking at this from a previous position of driving home from a late night bass fishing trip,and being asked a few random questions...

    I've nothing to hide apart from maybe a few more bass in the bag than I'm allowed...

    We can all look at this from our own perspective.

    It all depends on how sensitive we are, I'm not one for reading newspapers or listening to Radio talk shows and the news much.

    So I'm probably aloof to what's going on outside my own boundaries up there in North Clare minding my own business...

    Living the dream lol


  • Registered Users, Registered Users 2 Posts: 68 ✭✭alangeorge


    FTA69 wrote: »
    Name, address and vague movements. You don’t have to tell them your date of birth even though many of them will get p*ssy when you refuse to give it to them. They can also direct you to leave an area.

    ok but do you need to give them name and address if stopped in a housing estate or street, I thought you had to by law too but others say you don't, its all very vague


  • Registered Users, Registered Users 2 Posts: 68 ✭✭alangeorge


    If they are investigating a crime and you are a possible witness or they are looking to eliminate people from their enquires you must give your name and address. You can be arrested and taken to the station while they establish or confirm your identity if you refuse.

    But what I suggest everyone should do is go into snowflake mode, take out your phone and start filming everything spouting about data protection and civil rights and any other bullsh you read on the internet. That's the best approach.

    ok if they suspect you of something and you take out your phone, have they the right to look at your phone?,


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  • Registered Users, Registered Users 2 Posts: 11,647 ✭✭✭✭El Weirdo


    alangeorge wrote: »
    ok if they suspect you of something and you take out your phone, have they the right to look at your phone?,

    No they do not.


  • Registered Users, Registered Users 2 Posts: 4,165 ✭✭✭Captain Obvious


    El Weirdo wrote: »
    No they do not.


    Unless you consent to it.


  • Registered Users, Registered Users 2 Posts: 40,642 ✭✭✭✭ohnonotgmail


    alangeorge wrote: »
    ok but do you need to give them name and address if stop in a housing estate or street, I though too you did but others say you don't, its all very vague


    If they have reasonable suspicion that you have committed any one of a wide range of offences they can demand your name and address. Failing to provide your name and address is an offence. Providing a false name and address is also an offence


    http://www.irishstatutebook.ie/eli/1994/act/2/enacted/en/print#sec24


  • Closed Accounts Posts: 1,271 ✭✭✭Elemonator




  • Closed Accounts Posts: 5,756 ✭✭✭demanufactured


    Do you have something to hide OP?
    If not, answer their questions and move on....



    Some people..


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  • Registered Users, Registered Users 2 Posts: 5,874 ✭✭✭Edgware


    Do they have a warrant to search the premises

    That's the first question you should roar at them
    The more abuse you roar at them the more they will respect your rights


  • Registered Users, Registered Users 2 Posts: 10,839 ✭✭✭✭padd b1975


    Unless you consent to it.

    And they have confirmed that they're on their oath.


  • Registered Users, Registered Users 2 Posts: 68 ✭✭alangeorge


    Unless you consent to it.

    ok so can't demand or take your phone,

    reminds me last year when stopped by the Guards and Customs, I remember telling them i had not id on me and i hadnt but give my name and all and one of the custom officers and Guard went round to the passenger door and opened it and went through some folder of papers i had on the seat, i was not happy and gave out but they said they had the right to do it and i could be done for obstructing them


  • Registered Users, Registered Users 2 Posts: 11,647 ✭✭✭✭El Weirdo


    alangeorge wrote: »
    ok so can't demand or take your phone,

    reminds me last year when stopped by the Guards and Customs, I remember telling them i had not id on me and i hadnt but give my name and all and one of the custom officers and Guard went round to the passenger door and opened it and went through some folder of papers i had on the seat, i was not happy and gave out but they said they had the right to do it and i could be done for obstructing them

    There are differences between being stopped on the street walking and being stopped driving your car under the Road Traffic Act.


  • Closed Accounts Posts: 1,841 ✭✭✭Squatter


    The ICCL Know Your Rights Criminal Justice & Garda Powers pack provides the general public with information about their rights and Garda powers in the areas of searches, arrests, interviews, detention, provision / retention of bodily samples and public order:-

    https://www.iccl.ie/wp-content/uploads/2017/11/ICCL_KYR_Justice_2014_LR.pdf


  • Closed Accounts Posts: 327 ✭✭Raheem Euro


    Be careful if an extra tricky cop throws this one at you -

    "You have the right to remain silent.
    Do you wish to retain that right"?


  • Registered Users, Registered Users 2 Posts: 22,412 ✭✭✭✭endacl


    Be careful if an extra tricky cop throws this one at you -

    "You have the right to remain silent.
    Do you wish to retain that right"?

    Rights are inalienable. You can choose not to exercise them, but you can’t abdicate them.


  • Registered Users, Registered Users 2 Posts: 10,423 ✭✭✭✭Outlaw Pete


    Reminds me of years ago when I used to have this old Beetle and was driving around with one of my mates and we were talking about what bands we liked and I asked if he liked the Police and he said no but that he'd seen them. I said no way, where, and he said 'Behind you!'. Took my cassette tape, told me it was illegal to play music so loud. Wait, I'm thinking of Footloose.


  • Registered Users, Registered Users 2 Posts: 3,434 ✭✭✭1800_Ladladlad


    If you get a chance I would recommend having a read of Article 40 of the Irish constitution, section 24 of the public order act which in short are the fundamental rights of the citizen.

    Many many Gardai are ignorant to the implementation of the public order act, consciously abusing the legislation in their use of it, being selective in particular means of arrest if public members not adhering to their demanding instructions.

    Gardai seem to do as they please for any given reason in particular to any situation and what suites them to get away with. They seem to be just fine with ignoring the oath in which they took in upholding the constitution.


  • Closed Accounts Posts: 327 ✭✭Raheem Euro


    that's all cops job
    Get u to start talking

    Well in this case he's trying to ensnare you in a paradox web of his twisted logic


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