Causes for being stopped and searched

Jambonjunior

I was talking to someone recently about a music event that used to be run in Ireland. I'm not sure of the particulars but local Garda weren't supportive of the event, and every year used to put a heavy handed ring of steel around the event and searched every one and every vehicle travelling into the area meaning long delays for all the punters. He believed that a widespread search wasn't warranted or legal.

It got me thinking that I realised I've no idea what the thresholds are for being stopped and searched whether in a vehicle or on foot. I got stopped one night walking down the boardwalk, there were some dodgy characters on the boardwalk as I was passing through and I got stopped and searched along with them. There was no issue, but now that I think of it, I wonder are there safe guards?

I'd guess that there is some threshold that must be met? It seems like an infingiment on civil liberties if Gardai have the carte blanche right to stop anyone?

joe swanson

Section 21 order under the public order act for an event like the one you have outlined.

GM228

At such an event Gardaí can lawfully stop and search someone under S22 of the Criminal Justice (Public Order) Act 1994, however, for such a search to be lawful the Guard must suspect with reasonable cause that the person they are searching has in their possession any intoxicating liquor, or any disposable container, or any other article which, having regard to the circumstances or the nature of the event, could be used to cause injury.

Cork Trucker

They can also search you under Section 23 of the misuse of drugs act, this is one i am aware of being used frequently as it is a 'catch all' act apparently.

GM228

Cork Trucker wrote: »

They can also search you under Section 23 of the misuse of drugs act, this is one i am aware of being used frequently as it is a 'catch all' act apparently.

Similar to the 1994 Act, stop and search powers provided under S23 of the Misuse of Drugs Act 1977 are qualified in that the Guard must with reasonable cause suspect that you are in possession of a controlled drug in contravention of the Act.

Simply searching people because they are at an event where there is no reasonable cause to suspect is not a lawful stop and search.

Cork Trucker

GM228 wrote: »

Similar to the 1994 Act, stop and search powers provided under S23 of the Misuse of Drugs Act 1977 are qualified in that the Guard must with reasonable cause suspect that you are in possession of a controlled drug in contravention of the Act.

Simply searching people because they are at an event where there is no reasonable cause to suspect is not a lawful stop and search.

Got searched at the rose of tralee in 2001, guard quoted said act. When i was stopped in the years after that in my car again said act quoted, never have nor would i take drugs nor have them in my possession, probably just up to the individual i guess.

GM228

Cork Trucker wrote: »

Got searched at the rose of tralee in 2001, guard quoted said act. When i was stopped in the years after that in my car again said act quoted, never have nor would i take drugs nor have them in my possession, probably just up to the individual i guess.

Be that as it may a Guard must still form a reasonable suspicion to invoke powers under the Act, even driving your car in a problem drug area is not enough to use the power to search, the suspicion must be based on you and not be based on any particular event or an area where you are for example.

ad101b

I know it’s an old post but my post has some relevance this is an email I’ve sent to my solicitor

**Subject:** Urgent Request for Legal Assistance: Gardaí Misconduct, Coercion, and Unlawful Detention Resulting in Anticipated Drug Charge and Serious Emotional Harm

I am urgently seeking legal representation following a series of grave actions by Gardaí that have culminated in the threat of a drug charge under conditions I believe to be both unlawful and coercive. Gardaí’s conduct during this incident, alongside a prior encounter, demonstrates a pattern of harassment, intimidation, and disregard for my rights, which has severely impacted my mental health and recovery. I am seeking your expertise to challenge this anticipated charge, hold Gardaí accountable, and seek redress for the significant harm caused. Below is a detailed account of the incidents:

1. **Initial Incident of Harassment and Unlawful Search**: Approximately one week before the raid, I experienced an unprovoked encounter with two Garda officers while purchasing a parking ticket in an area unfamiliar to me. I had no prior interactions with local Gardaí and was shocked to be approached from behind without cause. One officer remarked, “Aren’t you a good citizen?” Initially thinking it was small talk, I responded politely, only for them to demand I empty my pockets.

   Surprised, I respectfully asked if I was suspected of a crime or acting suspiciously. However, one officer—who later participated in the raid on my girlfriend’s house—responded by threatening to arrest me and search me at the station if I didn’t comply, offering no grounds for this demand. Out of fear, I allowed this humiliating and invasive search, which I believe was entirely unwarranted. This encounter, my first experience with Gardaí in the area, left me feeling targeted, violated, and shaken.

2. **Raid and Forced Detention on July 3rd**: On July 3rd, while seated in the passenger side of a car parked outside my girlfriend’s house, Gardaí conducted a raid on the property. I had no involvement with the raid and did not reside at the address—my own residence is miles away. Despite immediately providing my full name, address, and date of birth, confirming that I had no connection to the premises, Gardaí forcibly removed me from the car and took me into the house without any stated reason or legal basis. This forcible removal, despite my full cooperation, was an abusive violation of my rights.

3. **Severe Coercion and Threats Involving My Girlfriend’s Children**: Inside the house, Gardaí escalated their intimidation by threatening my girlfriend with the removal of her children if “someone” did not take responsibility for drugs found on the premises. Terrified for the impact on innocent children, I felt I had no choice but to take responsibility, even though I had no knowledge of or connection to the drugs. This “admission” was made solely to protect her children and was extracted under extreme duress that no reasonable person could withstand. Such conduct was not only deeply unethical but also renders any admission legally invalid.

4. **Impact on My Recovery Journey**: At the time of the raid, I had been attending drug counseling and was making remarkable progress, having maintained five weeks of sobriety. This incident, however, disrupted my stability and caused me to relapse, undoing the hard work I had accomplished. The trauma and stress of being unlawfully detained, threatened, and coerced have left me struggling to maintain my recovery. While I continue to fight this relapse with the support of my drug counselor, I am now considering attending a rehabilitation center—a step I did not anticipate needing before this incident. This setback has not only impacted my mental health but has also jeopardized the progress I was making toward a stable, drug-free life.

5. **Pending Charge and Ongoing Anxiety**: Although I have yet to be formally charged, Gardaí have informed me that I will face a charge for sale and supply of drugs within two months of the July 3rd raid. Nearly four months later, I am still living with the constant threat of a criminal charge based on an admission coerced through intimidation. The uncertainty and stress of this looming charge continue to exacerbate my mental and emotional struggles.

6. **Pattern of Harassment, Abuse of Power, and Rights Violations**: These incidents reveal a disturbing pattern of Gardaí’s abuse of power, using intimidation, coercion, and unlawful detention. The initial encounter, where I was subjected to an unjustified search and threatened with arrest, set the stage for the egregious abuse I endured during the raid. I believe Gardaí’s actions have not only violated my rights but have also disrupted my recovery, causing me lasting distress, anxiety, and fear.

7. **Profound Emotional and Reputational Impact**: I am now unjustly facing criminal charges, struggling with the consequences of a relapse, and dealing with damage to my reputation—all due to Gardaí’s actions. This experience has undermined my sense of safety, dignity, and progress, as I am left to navigate a false admission made under coercive conditions. The trauma, humiliation, and anxiety from these encounters have profoundly affected my well-being and recovery.

8. **Immediate Legal Action and Remedies Sought**:

   - **Challenge the Anticipated Drug Charge**: I urgently need assistance to contest this anticipated drug charge, as any admission was the result of intense psychological coercion, intimidation, and Gardaí’s abuse of power.

   - **Hold Gardaí Accountable for Misconduct**: I wish to file a formal complaint with the Garda Síochána Ombudsman Commission (GSOC) to address Gardaí’s repeated misconduct, including the initial unlawful search, forced detention, and coercive threats involving children.

   - **Seek Compensation for Emotional Trauma, Reputational Harm, and Disruption to Recovery**: I am seeking compensation for the significant emotional trauma, reputational harm, and disruption to my drug recovery. Gardaí’s misconduct has led to a severe relapse, increased mental distress, and the need for rehabilitation, undoing the progress I had worked so hard to achieve.

This situation is profoundly serious, and I am committed to pursuing all legal avenues to address these rights violations and the devastating impact on my recovery journey. I respectfully request a prompt response so we may begin the process of seeking justice and ensuring accountability.

Thank you very much for your time and assistance. I look forward to your response.

Kind regards,