Gardai searching car..

JohnCleary

OK its never happened to me (touch wood) namely because my car isint chav boy-racer and I dont do anything silly in it, but in this country can the Gardai search your car without warrant by just pulling you over?

Just came into my mind while listening to Jay Z's - 99 Problems.
'Do you mind if i look around the car a bit'
'Well I aint past the bar but I know a little bit, enough that you wont illegally search my sh1t'

Before we have people trolling, I KNOW ITS ONLY A SONG. Like I said... just got me thinking!

seamus

It may come under the same category as sports bags and such. It may be illegal for them to search until they pull the "suspicion of drugs" card and do it anyway.

Dunno tbh.

JohnCleary

Anyone else?

logic1

As Seamus said if they have reasonable suspicion they can search you or your vehicle without a warrant under the misuse of drugs act, criminal law act or animal remedies act.

They have to inform you under what act you're being searched and you have certain entitlements.

Evidence seized under these searches without a warrant can be objected to by your defence council unless the Gardai perform the search in exact accordance with the law and without breach of your constitutional rights.

.logic.

edmund_f

Perhaps better off keeping all doors locked if stopped by one of these idiots, thus at least you are protecting yourself?.

It would be difficult to know what to do, if you wish to excerise you civil right to privacy then that will make them suspicious, thus they have a 'suspicion', thus they have a 'right' to search your car. bit of a joke really.Basically cops will do whatever the fcuk they like, as with the current system you have to prove that they searched illegally.

Personally would not give them the time of day, they are below pond scum

528i

If it's a skumbag (like most of these boy-racer types) driving a flash car from the proceeds of drugs or other illegal activity, then Garda searches are to be welcomed and do not require a warrant, provided the 'suspicious nature' of the subject can be demonstrated beyond all reasonable doubt should the matter be pursued.

A skinhead for instance would feature fairly highly on the garda radar as being 'suspicious'

edmund_f

528i wrote:

demonstrated beyond all reasonable doubt

think this will very quickly degenerate into a civil rights argument.

reasonable doubt is very subjective, which in legaleese means 'very expensive to prove'

there should be an equal level of policing for all, (not that all 'skinheads' are drug dealers, all car modifers are killers or all BMW driver are w*nkers) not that it is ever going to happen.

how abount a penalty point system for the Garda?. If they have 6 bad warrants in 3 yrs they are fired from the police force?. Might make them a bit more careful?.

FX Meister

I think they can take a look in your car if they want. But that said, I got stopped by the cops somewhere in the southside a few months ago pulling a dodgy u turn. It was 2.00 AM, there was three of us in the car and I had no reason to be in the area and had dodgy stuff in the boot, not illegal stuff though. Badly lied as to why we were in the area and he commented that I looked nervous. A look in the boot and we would have all been down the station for a chat. But he didn't ask to search the car at all.

Stephen

What's dodgy, not illegal but will still land you in a garda station?

FX Meister

I don't want to say but it's just something that would have had to be explained for a while and would just have been hassle for the three of us.

528i

womens underwear ?

stagolee

528i wrote:

womens underwear ?

or pictures of the local gardi in womens underwear?

528i

...or local gardai in womens underwear (with lipstick on their nipples maybe, that'd take alot of explaining..)

how big is this boot ?

Squirrel

| | this big

Our man in Havana

Large amounts of pornography?

mike65

What FX Meister 'fesses up to could decide his future on this board.

Mike.

FX Meister

mike65 wrote:

What FX Meister 'fesses up to could decide his future on this board.

Mike.

Really? It's hardly anything illegal or I wouldn't have mentioned it at all. I was simply pointing out a situation where the Gardai had an opportunity to search the car of someone who seemed suspicious to them but they didn't. What I had in my boot would be frowned upon by them and would need explaining. Perfectly legal items with perfectly legal reasons for use. Why not just leave it there

qz

My guess is that it's paint. Of the sprayable variety. Great for rattling and attracting attention

FX Meister

Yeah you have it qz, but I didn't want to mention that as most people would think it's for destructive use. It just happened to be in the boot as I'm pretty lazy when it comes to emptying the boot. I've know guys who have been detained for the same thing before.

Turner

As long as you have a lawful excuse for having anything in your car you have nothing to worry about...

If however the local garda station has just been graffiti'd and you are caught with a bootfull of spraypaint just down the road id say you might be seeing the inside of a cell for a few hours alright!!

unme

qz wrote:

My guess is that it's paint. Of the sprayable variety. Great for rattling and attracting attention

Doh! Now, we will never know the truth :mad:

mike65

FX Meister wrote:

Really?

I wuz j;)cking!

Mike.

IANOC

well most of the gardai will try to suss the driver out before they consider a search.
if you have nothing to hide you will be on your way.
there are tons of signs to observe when a person is suspicious (like a bmw for instance ) and if they see the signs they will go for a search,quite rightly so!!,as they are the only ones that can prevent some of the illegal items that they seize on countless occasions.
i know it aint a nice situation to be in,but remember its only a job that they must do and they rely on their intuition,which will be crap from time to time
no harm done at the end of the day........

qz

FX Meister wrote:

Yeah you have it qz, but I didn't want to mention that as most people would think it's for destructive use . It just happened to be in the boot as I'm pretty lazy when it comes to emptying the boot. I've know guys who have been detained for the same thing before.

Pfft, most people, PFFT!
I'm always nervous carrying the stuff, even if I haven't actually done anything illegal.

unme

qz wrote:

Pfft, most people, PFFT!
I'm always nervous carrying the stuff, even if I haven't actually done anything illegal.

hmmm it's the "even if" part that jumps out at me.

Nervous might be an understandable reaction there. But it's more likely to draw attention.

OLDYELLAR

I know a guy who got pulled over and searched , they searched all the guys in the car roo , they had a bit of hash on em , but they didnt have a warrant just pulled em over said bla bla were searching your car.