Garda questioning during investigation

Mechatronical

Hi all,

Just wondered if anyone on here has had a similar experience to my girlfriend.

Just last Saturday an uninhabited house (left idle for a few months at least) about 100m down the road (next door) to my girlfriends house was robbed. On Saturday evening got a knock on the door and it was 2 Gardaí looking for my girlfriend for a few questions.

The line of questioning in my interpretation was a bit daft. Basically a few months previous to this the postman delivered one of her letters to the address next door (obviously a mixup on the postmans part) and because of this they told her she was a suspect. Some of the other questions were a bit daft asking if she had a bike and how much did she drink tonight and they kept her outside for 20 minutes questioning her.

They also opened her letter which was marked confidential. Also the female gardai fairly grilled her and then asked for her number a and that she would call her next Friday when she was back on shift.

I might be interpreting this wrong but how can the Gardaí question somebody this aggressively because of a clear mistake on the postmans part and also are they within their rights to open her letter marked confidential?
Also is it normal for a Garda to ask for your phone number in this situation and are you obliged to give it?

I was checking a few websites including citizens info but haven't found any answers yet.

Cheers.

Credit Checker Moose

There is generally no obligation to answer any questions but of course if you don't it will only raise suspicion and may lead to arrest and a trip to the station for a video interview. Even in the station questions can be refused answers. It is only under specific legislation is failure to answer an offence namely The offences against the state act.

If a person is being treated as a suspect, ideally nothing should be answered until legal advice has been sought.

GerardKeating

Mechatronical wrote: »

Basically a few months previous to this the postman delivered one of her letters to the address next door

Mechatronical wrote: »

are they within their rights to open her letter marked confidential?

They have no right to open the letter without a warrent, but how did they get the letter, was it the one the postman misdelivered? If so, did she actually see them open it. maybe it was opened after it was delivered to the other house.

If they opened the letter in her presence, they might have asked her for permission to open it, people sometimes assume they have to say yes, and so give them permission.

Mechatronical wrote: »

Also is it normal for a Garda to ask for your phone number in this situation and are you obliged to give it?.

They are entitled to ask you anything (with in reason) and you are entitled to politly declined to answer.

There are exceptions to the above, the Road Traffic Act 1961 give them certain powers for example, S30 also.

Witcher

We're definitely not getting the whole story here.

Samuel T. Cogley

Credit Checker Moose wrote: »

There is generally no obligation to answer any questions but of course if you don't it will only raise suspicion and may lead to arrest and a trip to the station for a video interview. Even in the station questions can be refused answers. It is only under specific legislation is failure to answer an offence namely The offences against the state act.

If a person is being treated as a suspect, ideally nothing should be answered until legal advice has been sought.

On what basis would they be able to arrest someone tangentially and tenuously linked to a burglary?

Genuine question I'm not saying you're wrong.

Mechatronical

GerardKeating wrote: »

They have no right to open the letter without a warrent, but how did they get the letter, was it the one the postman misdelivered? If so, did she actually see them open it. maybe it was opened after it was delivered to the other house.

If they opened the letter in her presence, they might have asked her for permission to open it, people sometimes assume they have to say yes, and so give them permission.



They are entitled to ask you anything (with in reason) and you are entitled to politly declined to answer.

There are exceptions to the above, the Road Traffic Act 1961 give them certain powers for example, S30 also.

They opened the letter in the burgled house, it was open when she seen it. Literally the postman delivered post to wrong address and they started questioning her like she was a criminal. We both have are working professionals and never had any issue with the law. I can only think they wanted to pressure here but it still seems bizzare to me.

Grolschevik

Finding a letter addressed to someone at a crime scene could be taken as an indication that that person had been at the scene.

Mechatronical

Grolschevik wrote: »

Finding a letter addressed to someone at a crime scene could be taken as an indication that that person had been at the scene.

Someone that lives next door even if it is presumably in the hallway underneath the letterbox?

KaneToad

Mechatronical wrote: »

They opened the letter in the burgled house, it was open when she seen it. Literally the postman delivered post to wrong address and they started questioning her like she was a criminal. We both have are working professionals and never had any issue with the law. I can only think they wanted to pressure here but it still seems bizzare to me.

I wouldn't feel any pressure if a guard found something addressed to me at a crime scene... if I had nothing to do with it. I'd be telling them to shag off, the next time they called.

Dyr

If they just show up at your door, run them and contact a solicitor. Don't answer questions.

Nobodies life has every been enriched by the Gardai coming into it.

Lmklad

Bambi wrote: »

Nobodies life has every been enriched by the Gardai coming into it.

Bit cynical no?!

In answer to the OPs questions, judges rules state Gardaí can engage with the public and ask anything they want. They do not need to be answered however.

As for the letter judges rules also state that Gardaí are obliged to collect all evidence at a crime scene, regardless of whether its used in a prosecution or not.

They are required to get a warrant to take possession of a letter from An Post but not if it’s at a crime scene and yes they may open it to ascertain whether it’s evidence or not.

Mechatronical

Lmklad wrote: »

Bit cynical no?!

"In answer to the OPs questions, judges rules state Gardaí can engage with the public and ask anything they want. They do not need to be answered however.

As for the letter judges rules also state that Gardaí are obliged to collect all evidence at a crime scene, regardless of whether its used in a prosecution or not.

They are required to get a warrant to take possession of a letter from An Post but not if it’s at a crime scene and yes they may open it to ascertain whether it’s evidence or not.

Thanks for the response, didn't know they could open if it marked confidential. With regards to questioning, some of the questions that they asked in my opinion didn't seem to have any relevance to the burgled house. Im assuming them asking her how much she had to drink was to do with her state of mind at the time of questioning.
Other questions about if she had a bike and where she was on a specific date 5 months ago were strange.

Just find it hard to believe your made a suspect over a postmans mistake when you've never been in trouble with the law and also the extent they questioned her and the way they questioned her seemed to be very aggressive. To me it looks that they have no evidence from the burgled house (they didn't tell us anything really, what was burgled or what happened) and are just going on a mis-delivered letter. We have nothing to worry about as other posters suggest but just gives me a lack of faith in the Garda that they are grilling people like this and then other stuff is being let go.

Thanks to all who replied so far, its nice to get on perspective on this.

Hopefully won't get anymore visits from them but if we do and they question her that aggressively again and in my opinion intimidate her id be very tempted to ask for their names cause I wouldn't be patient enough to listen to it again. They have a right to question but I/She assume we also have a right to complain if they are acting unfairly and over-aggressive which I felt they were the last day.

Mechatronical

On a separate point, how do we get her letter back?

Do we have to wait until the investigation is over or whats the story with that?

Victor

Mechatronical wrote: »

On a separate point, how do we get her letter back?

Do we have to wait until the investigation is over or whats the story with that?

In the short term, ask for a copy of the letter. If they won't give you this, talk to a solicitor.

80j2lc5y7u6qs9

Mechatronical wrote: »

Hi all,

Just wondered if anyone on here has had a similar experience to my girlfriend.

Just last Saturday an uninhabited house (left idle for a few months at least) about 100m down the road (next door) to my girlfriends house was robbed. On Saturday evening got a knock on the door and it was 2 Gardaí looking for my girlfriend for a few questions.

The line of questioning in my interpretation was a bit daft. Basically a few months previous to this the postman delivered one of her letters to the address next door (obviously a mixup on the postmans part) and because of this they told her she was a suspect. Some of the other questions were a bit daft asking if she had a bike and how much did she drink tonight and they kept her outside for 20 minutes questioning her.

They also opened her letter which was marked confidential. Also the female gardai fairly grilled her and then asked for her number a and that she would call her next Friday when she was back on shift.

I might be interpreting this wrong but how can the Gardaí question somebody this aggressively because of a clear mistake on the postmans part and also are they within their rights to open her letter marked confidential?
Also is it normal for a Garda to ask for your phone number in this situation and are you obliged to give it?

I was checking a few websites including citizens info but haven't found any answers yet.

Cheers.

i would not answer any questions in this situation. if arrested i would make no comment until i had seen a solicitor and probably none after either. If the bullied me i would complain them. A good thing if asked a question is to asked if you are obliged to answer and under what law

Uncle Charlie

By asking you questions they are only trying to incriminate you.

When getting interrogated by the police its best to remember the 5 words "I have nothing to say".

Infernal Racket

Look up the Judge's Rules. A Guard can ask any question for any reason. Whether or not you choose to answer is up to you

SilverKrest

The job of the lower rank police is to charge people with a crime in spite of what they say.. not necessarily solve the crime. Do not talk to the police in any circumstance without first seeking legal council.
The charge sheet is what earns police credibility in public view, not spending hours and police resources on seeking the actual truth. They might 'just want to have a chat to clear up a few things' but they'll soon be literally putting words in your mouth and twist things to discredit your genuine alibi etc.
Very prevalent in Uk as well

GM228

SilverKrest wrote: »

The job of the lower rank police is to charge people with a crime in spite of what they say.. not necessarily solve the crime. Do not talk to the police in any circumstance without first seeking legal council.
The charge sheet is what earns police credibility in public view, not spending hours and police resources on seeking the actual truth. They might 'just want to have a chat to clear up a few things' but they'll soon be literally putting words in your mouth and twist things to discredit your genuine alibi etc.
Very prevalent in Uk as well

The part in bold is the only part of the post which is not a load of rubbish.

80j2lc5y7u6qs9

Gerry G wrote: »

Look up the Judge's Rules. A Guard can ask any question for any reason. Whether or not you choose to answer is up to you

many do not know that and garda take advantage of it sometimes

80j2lc5y7u6qs9

GM228 wrote: »

The part in bold is the only part of the post which is not a load of rubbish.

Anyone who thinks a garda is 'having a chat' with them is on a highway to delusion

80j2lc5y7u6qs9

SilverKrest wrote: »

The job of the lower rank police is to charge people with a crime in spite of what they say.. not necessarily solve the crime. Do not talk to the police in any circumstance without first seeking legal council.
The charge sheet is what earns police credibility in public view, not spending hours and police resources on seeking the actual truth. They might 'just want to have a chat to clear up a few things' but they'll soon be literally putting words in your mouth and twist things to discredit your genuine alibi etc.
Very prevalent in Uk as well

in the days before they could arrest you to question they could only arrest to charge so would invite people to have a chat - helping the gardai with their enquiries- and when the got the info from the chat would charge them. When you have a chat with a garda keep your mouth shut

BnB

Bryson Fat Meal wrote: »

i would not answer any questions in this situation. if arrested i would make no comment until i had seen a solicitor and probably none after either. If the bullied me i would complain them. A good thing if asked a question is to asked if you are obliged to answer and under what law

Why?

If you have done nothing wrong, then just answer the bloody questions so the Gardai can rule you out and move on with the investigation. By being a twat as you have suggested above, all you are doing is holding up the investigation.

If a burglary happened next door to me, my priority would be to see that is is solved as soon as possible in case my house is next. If answering some questions to rule myself out of the suspects is part of that process, then let's get it over and done with as soon as possible.

Shelflife

If you dont answer questions they have to build a case a case against you from scratch.

If you answer questions then they have something to catch you out on.

So you answer questions, have you ever being in the house ? no ! do you mind if we take fingerprints to exclude you from our enquiry - no problem work away. Did ye get on? not really we kept to ourselves.

Say they subsequently find your finger prints on a chair that you forgot that you helped your neighbour with 3 years ago when they moved in but ye fell out with each other shortly afterwards.

So now the guards have your prints inside the house that you said you never were in and that ye didnt get on with each other !

If you say nothing, they are unaware that ye fell out and they have no prints to match yours with.

kippy

The level of delusion on this thread is worrying.
Be honest with the guards if you have nothing to hide. Answer whatever questions they have for you. Especially in these circumstances.
As for the guards never making a person better for their presence, nonsense and a slur on all decent Gardai out there.

Infernal Racket

kippy wrote: »

The level of delusion on this thread is worrying.
Be honest with the guards if you have nothing to hide. Answer whatever questions they have for you. Especially in these circumstances.
As for the guards never making a person better for their presence, nonsense and a slur on all decent Gardai out there.

Very true. Most people have absolutely no idea what a guards job entails. They see a guard doing a checkpoint and they call them revenue collectors. They don't see the levels of intelligence gathered from a checkpoint, stopping criminals, finding out what cars they're driving, searching them and generally pissing them off. The general public haven't a clue but somehow they're all experts on law and order

Uncle Charlie

kippy wrote: »

The level of delusion on this thread is worrying.
Be honest with the guards if you have nothing to hide. Answer whatever questions they have for you. Especially in these circumstances.
As for the guards never making a person better for their presence, nonsense and a slur on all decent Gardai out there.

You're away with the fairies if you think its a good idea to answer Garda questions just because you have "nothing to hide".


Just ask Garda Maurice McCabe how he got on when he had nothing to hide.


If someone like McCabe can be fitted up imagine what they would do to the ordinary Joe Soap who is not a Garda.

Uncle Charlie

Bryson Fat Meal wrote: »

many do not know that and garda take advantage of it sometimes

For the Gardas its all about "getting a result" regardless as to who happens to be in the wrong.

Glass fused light

BnB wrote: »

Why?

If you have done nothing wrong, then just answer the bloody questions so the Gardai can rule you out and move on with the investigation. By being a twat as you have suggested above, all you are doing is holding up the investigation.

If a burglary happened next door to me, my priority would be to see that is is solved as soon as possible in case my house is next. If answering some questions to rule myself out of the suspects is part of that process, then let's get it over and done with as soon as possible.

And after you had a nice chat and are charged and have to explain to the nice solicitor why you admitted to being the shooter on the grassy hill in Texas you may realise that answering the questions and ruling yourself out of an investigation are not one and the same thing.


The OPs girlfriend has peeked the interest of the Gardai and until she understands why she is better off keeping her answers to herself.
She spoke for 20 min and only remembers questions about the unopened letter, owning/using a bike and how much she had to drink that's a 3-5 min conversation what else was discussed

Mr. Incognito

If you were at your front door tell them that you have dinner on and leave their card and you will be happy to give them a call after.

They cannot enter your house without a warrant.

Most rank and file guards are decent people but a few are not the brightest and have seen too many copy shows, particularly the younger ones.

80j2lc5y7u6qs9

BnB wrote: »

Why?

If you have done nothing wrong, then just answer the bloody questions so the Gardai can rule you out and move on with the investigation. By being a twat as you have suggested above, all you are doing is holding up the investigation.

If a burglary happened next door to me, my priority would be to see that is is solved as soon as possible in case my house is next. If answering some questions to rule myself out of the suspects is part of that process, then let's get it over and done with as soon as possible.

did you not read the op? the cops are pressuring her keeping her outside for 20 mins. if you want to answer questions go ahead. i wouldn't.

80j2lc5y7u6qs9

kippy wrote: »

The level of delusion on this thread is worrying.
Be honest with the guards if you have nothing to hide. Answer whatever questions they have for you. Especially in these circumstances.
As for the guards never making a person better for their presence, nonsense and a slur on all decent Gardai out there.

you think so guard?

kippy

Uncle Charlie wrote: »

You're away with the fairies if you think its a good idea to answer Garda questions just because you have "nothing to hide".


Just ask Garda Maurice McCabe how he got on when he had nothing to hide.


If someone like McCabe can be fitted up imagine what they would do to the ordinary Joe Soap who is not a Garda.

Totally different scenario and one of a very small number of complete outliers - not the "standard" way the majoraty of Gardai deal with things.

kippy

Bryson Fat Meal wrote: »

you think so guard?

I am not a guard, but yes, I do think so or else I wouldn't have said it...

80j2lc5y7u6qs9

kippy wrote: »

I am not a guard, but yes, I do think so or else I wouldn't have said it...

then you do it. i won't

Glass fused light

kippy wrote: »

Totally different scenario and one of a very small number of complete outliers - not the "standard" way the majoraty of Gardai deal with things.

I have always found that the CEO of any organisation sets the tone and culture of said organisation. So if the CEO is a backstabbing assh0le chances are most of the senior management appointed by them are the same.

Now as the main service users / clients of the Garda as an organisation are fond of stabbing, shooting, assaulting, robbing and other nasty habits it's not unreasonable that the staff have to have some level of moral flexibility too. While it may not be PC it's not unrealistic to accept that the civilian should be mindful of this.

A rational Garda is not spending 20 min questioning someone and coming back again without a reason for a burgerly, so if the word suspect has been used the OPs girlfriend needs to shut up, smile politely while walking away and pay a solicitor to speak on her behalf

Uncle Charlie

kippy wrote: »

Totally different scenario and one of a very small number of complete outliers - not the "standard" way the majoraty of Gardai deal with things.

It is the "standard" because that came from Garda management.


If the management are corrupt then the people lower down won't not be any better.

You have the right to remain silent. Use it.

If you haven't been accused of anything just walk away from them. It's that stone cold simple.

Uncle Charlie

Deleted User wrote: »

You have the right to remain silent. Use it.

If you haven't been accused of anything just walk away from them. It's that stone cold simple.

Its up to them to prove someone is guilty.


They don't have to prove they're innocent.

Grab All Association

Unless the Gardai you described are total morons, it's highly unlikely they'll trouble you again.

Imagine them actually charging the OP' girlfriend and bringing her to court over a letter at the doorstep presuming there's no other trace evidence like fingerprints etc etc. I assume her fingerprints aren't even on it as it was delivered to the wrong address, the fact she lives next door and An Post are known to make mistakes. Let it die down for a few weeks and then talk to the local Superintendent about it.

Since their only evidence is a letter found on the floor, Was the scene actually photographed including the original positioning of the letter where found. Dust particle layers, bacteria etc present in unoccupied houses on top of the letter can be biologically tested to indicate how long the letter lay there. Have AGS just destroyed and/or contaminated this evidence picking up and bringing the letter out to the elements? Why wasn't the letter immediately sealed in an evidence bag and sent for testing? etc etc.

Gangu

I’d contact the guard in writing. Request a copy of the letter, note it was opened when presented to me and ask the Gardai did they open the letter and, if so, on what basis. Nothing else. They should have what they need to eliminate your gf on 20 minutes of questioning but if they come back for more I’d be very wary.

BaronVon

Uncle Charlie wrote: »

By asking you questions they are only trying to incriminate you.

When getting interrogated by the police its best to remember the 5 words "I have nothing to say".

SilverKrest wrote: »

The job of the lower rank police is to charge people with a crime in spite of what they say.. not necessarily solve the crime. Do not talk to the police in any circumstance without first seeking legal council.
The charge sheet is what earns police credibility in public view, not spending hours and police resources on seeking the actual truth. They might 'just want to have a chat to clear up a few things' but they'll soon be literally putting words in your mouth and twist things to discredit your genuine alibi etc.
Very prevalent in Uk as well

Bryson Fat Meal wrote: »

Anyone who thinks a garda is 'having a chat' with them is on a highway to delusion

Uncle Charlie wrote: »

You're away with the fairies if you think its a good idea to answer Garda questions just because you have "nothing to hide".


Just ask Garda Maurice McCabe how he got on when he had nothing to hide.


If someone like McCabe can be fitted up imagine what they would do to the ordinary Joe Soap who is not a Garda.

Is this Legal Discussion or Conspiracy Theories???

80j2lc5y7u6qs9

BaronVon wrote: »

Is this Legal Discussion or Conspiracy Theories???

was Garda McCabe a conspiracy theory? Donegal?

Mechatronical

Grab All Association wrote: »

Unless the Gardai you described are total morons, it's highly unlikely they'll trouble you again.

Imagine them actually charging the OP' girlfriend and bringing her to court over a letter at the doorstep presuming there's no other trace evidence like fingerprints etc etc. I assume her fingerprints aren't even on it as it was delivered to the wrong address, the fact she lives next door and An Post are known to make mistakes. Let it die down for a few weeks and then talk to the local Superintendent about it.

Since their only evidence is a letter found on the floor, Was the scene actually photographed including the original positioning of the letter where found. Dust particle layers, bacteria etc present in unoccupied houses on top of the letter can be biologically tested to indicate how long the letter lay there. Have AGS just destroyed and/or contaminated this evidence picking up and bringing the letter out to the elements? Why wasn't the letter immediately sealed in an evidence bag and sent for testing? etc etc.

Went down to station saturday, signed a statement saying letter was hers and she ordered it online etc and she got her letter back. Thats the end of it hopefully. Dealt with one of garda that was at door a week ago. There was an apology but again not very friendly and when my girlfriend asked if there was much stolen etc (conversation filler) was responded to with "why would you want to know this?" or "is there something you want to say?" Etc.
Again a bit strange, but maybe thats just the way of that individual garda but wouldn't want to deal with that garda myself again tbh, just felt like they were a very awkward individual to deal with and their people skills were a bit lacking and aggressive.

Again dunno why people were saying I was hiding something or not giving full story, just posted on this as I found the whole thing bizzare and was looking for some advise. Never had an issue with the law. The whole thing has left me unimpressed by the Garda we dealt with.

Anyway hopefully all sorted now, didnt expect the thread to pick up this sort of traction.

Again thanks for responses

Samuel T. Cogley

Mechatronical wrote: »

Went down to station saturday, signed a statement saying letter was hers and she ordered it online etc and she got her letter back. Thats the end of it hopefully. Dealt with one of garda that was at door a week ago. There was an apology but again not very friendly and when my girlfriend asked if there was much stolen etc (conversation filler) was responded to with "why would you want to know this?" or "is there something you want to say?" Etc.
Again a bit strange, but maybe thats just the way of that individual garda but wouldn't want to deal with that garda myself again tbh, just felt like they were a very awkward individual to deal with and their people skills were a bit lacking and aggressive.

Again dunno why people were saying I was hiding something or not giving full story, just posted on this as I found the whole thing bizzare and was looking for some advise. Never had an issue with the law. The whole thing has left me unimpressed by the Garda we dealt with.

Anyway hopefully all sorted now, didnt expect the thread to pick up this sort of traction.

Again thanks for responses

Rank and file Guards are like any other profession, on a spectrum, although some you speak to seem to be on a different spectrum altogether. I deal with them frequently and the vast majority are great to deal with.

Always Tired

BnB wrote: »

Why?

If you have done nothing wrong, then just answer the bloody questions so the Gardai can rule you out and move on with the investigation. By being a twat as you have suggested above, all you are doing is holding up the investigation.

If a burglary happened next door to me, my priority would be to see that is is solved as soon as possible in case my house is next. If answering some questions to rule myself out of the suspects is part of that process, then let's get it over and done with as soon as possible.

But they are not talking to you to rule you out, especially when they have nothing to go on so are getting all hot and bothered about a misdelivered letter. They even said the woman is being considered a suspect.

If you have never dealt with the gardai, and Im going to assume you havent as this post is so laughable to me, you might think that when you have nothing to hide and are telling the truth you dont have to worry. But if you have dealt with them you would know they treat everyone with suspicion. It's just what they do.

Many years ago walking home from night shift work I found a wallet sitting on a wall. The wallet had no money or ID inside but had bank cards in it. It looked like someone had maybe found the wallet before me as it was on a wall not the ground but who knows. Anyway it was just before Christmas so I thought the person might have hassle getting the cards replaced before the holiday. I turned the wallet in and the gardai on duty shot me daggers asking me was there cash in it, was I sure. Must have asked 5 times. Really annoyed me. Why would I turn it in if I robbed cash out of it? In the eyes of a guard, the answer to that would seem to be I'm a criminal mastermind looking to throw them off the scent with my good deed.

Another day i was skateboarding in a park and I saw a handbag that was discarded and open. I looked inside and found a purse with student ID, medical card, makeup and a few other bits. I thought maybe it had been robbed from a student on a night out. Only for the fact that it was a local college I wouldn't have bothered trying to return it to the owner after the last time I turned something in, no way would I go near the gardai, brought it to the college.

About 6 years ago someone burnt a car out in my estate, in an alley that goes behind my house and all the others on my side of the street, behind a house belonging to people who are, as they say 'well known to gardai.' I had visitors from the US at the time who actually noticed it first as they saw it from the room they were staying in. Thinking it could be dangerous as it was close to houses I rang the gardai to let them know.

They ended up calling to the house 3 times, once on the night, fair enough, again a few days later and again 3 months later, this time questioning me in an aggressive manner. I had only just moved into the estate when it happened and the people whose house it was have been there ages and are literally at every sitting of the local court for something, including violent offenses.

If they are talking to you, they aren't doing it to rule you out. Especially if you are a young male. And the way they go on it is like the cliche of the Irish cops you see in films with the browbeating and getting thick. In my experience anyway. I would never tell them anything as there is no guarantee what you say will be recorded correctly and all it takes is one word taken out or added to totally paint things differently.