Guards - your rights

Graces7 · 28-11-2018 01:22PM

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...

biko · 28-11-2018 01:25PM

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

nthclare · 28-11-2018 01:57PM

[Deleted User] wrote: »

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

alangeorge · 28-11-2018 02:43PM

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

alangeorge · 28-11-2018 02:46PM

Cee-Jay-Cee wrote: »

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?,

El Weirdo · 28-11-2018 02:51PM

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.

Captain Obvious · 28-11-2018 02:52PM

El Weirdo wrote: »

No they do not.

Unless you consent to it.

ohnonotgmail · 28-11-2018 02:57PM

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

Elemonator · 28-11-2018 02:59PM

I believe this will answer all your questions.

https://www.iccl.ie/wp-content/uploads/2017/11/Know-Your-Rights-Criminal-Justice-and-Garda-Powers_2010-1.pdf

demanufactured · 28-11-2018 03:22PM

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

Some people..

Edgware · 28-11-2018 03:23PM

SEPT 23 1989 wrote: »

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

padd b1975 · 28-11-2018 03:29PM

Captain Obvious wrote: »

Unless you consent to it.

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

alangeorge · 28-11-2018 03:49PM

Captain Obvious wrote: »

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

El Weirdo · 28-11-2018 03:52PM

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.

Squatter · 28-11-2018 03:58PM

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

Raheem Euro · 28-11-2018 04:00PM

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"?

endacl · 28-11-2018 04:11PM

Raheem Euro wrote: »

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.

Outlaw Pete · 28-11-2018 04:13PM

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.

1800_Ladladlad · 28-11-2018 04:30PM

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.

Raheem Euro · 28-11-2018 04:44PM

Sassygirl1999 wrote: »

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

Raheem Euro · 28-11-2018 04:47PM

endacl wrote: »

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

Do we need to attach 'this is a joke' labels now things have got so bad

Edgware · 28-11-2018 04:51PM

Sassygirl1999 wrote: »

you have the right to remain
Any thing you say can be used
You have the right to an attorney
If you don't need an attorney one will be pointing at you

You been watching too much Kojak

Raheem Euro · 28-11-2018 04:52PM

Edgware wrote: »

You been watching too much Kojak

I also watch too much kojak Baby.

28-11-2018 04:54PM

In certain cases you have to disclose whatever information is being asked of you.

For example, if the Garda is wearing a light brown belt, you are legally obliged to answer any questions he asks.

28-11-2018 04:54PM

Claim the 5th Amendment! (and record their facial expressions when you do!)

Cee-Jay-Cee · 28-11-2018 04:56PM

weldoninhio wrote: »

Location: Donegal.

Sorry Gard.

Its Guard.

Cee-Jay-Cee · 28-11-2018 04:58PM

Cee-Jay-Cee wrote: »

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.

Squatter wrote: »

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

This is the shi=te I was talking about....full snowflake mode enabled.

EdgeCase · 28-11-2018 05:01PM

Stark wrote: »

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

Unless it's a cold day in which case your constitutional obligation is to give them a patronising mammy/daddy style talking to about how they'll catch an awful cold!

FTA69 · 28-11-2018 05:17PM

Cee-Jay-Cee wrote: »

This is the shi=te I was talking about....full snowflake mode enabled.

What are you on about snowflakes for? Does that word even mean anything any more or is it just deployed by blowhards in any context?

ohnonotgmail · 28-11-2018 05:21PM

Cee-Jay-Cee wrote: »

This is the shi=te I was talking about....full snowflake mode enabled.

FTA69 wrote: »

What are you on about snowflakes for? Does that word even mean anything any more or is it just deployed by blowhards in any context?

I had a quick look over the ICCL advice. what, in particular, is ****e about it? It looks pretty reasonable to me.

Guards - your rights

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