can a guard demand my name at a filling station? ]

LeoHughes · 28-01-2019 12:02PM #1

ask for my name and address at a petrol station and if i refused could he arrest me for not giving it

Claw Hammer · 28-01-2019 12:06PM

LeoHughes wrote: »

ask for my name and address at a petrol station and if i refused could he arrest me for not giving it

Yes.

Mr. Incognito · 28-01-2019 12:10PM

Yes

BarryD2 · 28-01-2019 12:13PM

LeoHughes wrote: »

ask for my name and address at a petrol station and if i refused could he arrest me for not giving it

Why wouldn't you give it, if asked by the Gardai??

Effects · 28-01-2019 12:16PM

No

Shelli2 · 28-01-2019 12:18PM

I wouldn't think so, unless he has reason to believe and offence is being comitted and I thought he would have to explain this to you?

More context is needed here.

NUTLEY BOY · 28-01-2019 12:18PM

What are the actual full facts ?

Write it up as a "theoretical" post.

Auguste Comte · 28-01-2019 12:19PM

The Guard can make a legal demand for your information under certain circumstances and arrest you to establish your identity if you refuse to give it.

MrStuffins · 28-01-2019 12:23PM

In a petrol station? No! The Garda can't do this.

See, Petrol Stations are a place where all Garda authority disappears. In fact, i'm very surprised that a Guard was even able to be on the premises. Patrol stations to Guards are like Churches to Vampires...... they can't frequent them lest they burst into flames!

Mod
MrStuffins - this forum is for legal discussion, rather than nonsense

seamus · 28-01-2019 12:25PM

If you arrived at the petrol station as the driver of a vehicle, yes.

Otherwise, no.

uncommon_name · 28-01-2019 12:28PM

You need to give a lot more information here, why is the guard looking for this information?, what did you do?, what does he think you done?, why are you there? Why is he there (to look for someone/you)?.
If he came up to you randomly when you were doing absolutely nothing then I think no, but if he saw you do something he thinks was against the law then yes he can. Just ask him why does he want your information what did you do, he should just tell you and then if there is a reason then you have to give it.

I suppose if he wants the information he can just make something up so you legally have to give it to him.

So moral of the story is, just give the information to him.

Victor · 28-01-2019 12:32PM

LeoHughes wrote: »

ask for my name and address at a petrol station and if i refused could he arrest me for not giving it

There are specific pieces of legislation which could be invoked.

I think you would be detained, not arrested.

Auguste Comte · 28-01-2019 12:32PM

seamus wrote: »

If you arrived at the petrol station as the driver of a vehicle, yes.

Otherwise, no.

What if the op walked but there is a history of crime in the local area?

Dakota Dan · 28-01-2019 12:32PM

LeoHughes wrote: »

ask for my name and address at a petrol station and if i refused could he arrest me for not giving it

No, but a Garda could.

uncommon_name · 28-01-2019 12:35PM

Dakota Dan wrote: »

No, but a Garda could.

Good point, was it a security guard or a Garda.

Breaston Plants · 28-01-2019 12:39PM

Was he wearing his hat? ðŸ˜

seamus · 28-01-2019 02:12PM

Auguste Comte wrote: »

What if the op walked but there is a history of crime in the local area?

Irrelevant.

If you are walking down the street a Garda can ask for your name and address but you are not generally obliged to provide it.

Different laws empower Gardai to demand a name and address under specific circumstances. From the driver of any vehicle is one of them. If they believe you have committed an offence is another.

However, the latter requires some level of evidence. "You're a young lad and I heard young lads were causing trouble in the park yesterday", is not good enough.

That said, why anyone would ever refuse their name and address is beyond me. You haven't done anything wrong, so don't waste everyone's time because you have some idealised version of yourself as Che Guevara. We don't live in a police state.

4ensic15 · 28-01-2019 10:32PM

A petrol station is a public place. A garda may stop any vehicle in a public place and demand of the driver:- a driving licence, evidence of NCT and Insurance. If any of these are not produced the garda can then demand the person's name and address.

Richmond Ultra · 28-01-2019 11:52PM

4ensic15 wrote: »

A petrol station is a public place. A garda may stop any vehicle in a public place and demand of the driver:- a driving licence, evidence of NCT and Insurance. If any of these are not produced the garda can then demand the person's name and address.

107/109 road traffic act 1961

Fann Linn · 28-01-2019 11:56PM

seamus wrote: »

Irrelevant.

If you are walking down the street a Garda can ask for your name and address but you are not generally obliged to provide it.

Different laws empower Gardai to demand a name and address under specific circumstances. From the driver of any vehicle is one of them. If they believe you have committed an offence is another.

However, the latter requires some level of evidence. "You're a young lad and I heard young lads were causing trouble in the park yesterday", is not good enough.

That said, why anyone would ever refuse their name and address is beyond me. You haven't done anything wrong, so don't waste everyone's time because you have some idealised version of yourself as Che Guevara. We don't live in a police state.

Yet.

LeoHughes · 30-01-2019 12:29AM

ok will filling diesel and went into shop to pay and get sandwiches, GF said a cop pulled up beside her and asked for her name and address.

Canis Lupus · 30-01-2019 12:31AM

LeoHughes wrote: »

ok will filling diesel and went into shop to pay and get sandwiches, GF said a cop pulled up beside her and asked for her name and address.

Is your GF hot?

LeoHughes · 30-01-2019 12:31AM

4ensic15 wrote: »

A petrol station is a public place. A garda may stop any vehicle in a public place and demand of the driver:- a driving licence, evidence of NCT and Insurance. If any of these are not produced the garda can then demand the person's name and address.

so could they ask you, say in a lidl car park?

LeoHughes · 30-01-2019 12:32AM

Canis Lupus wrote: »

Is your GF hot?

she alright lol

Canis Lupus · 30-01-2019 12:35AM

LeoHughes wrote: »

she alright lol

Your GF is going to break up with you and date a policeman shortly.

4ensic15 · 30-01-2019 08:08AM

LeoHughes wrote: »

so could they ask you, say in a lidl car park?

Yes.

sbsquarepants · 30-01-2019 08:22AM

LeoHughes wrote: »

so could they ask you, say in a lidl car park?

Could they, would they, in a park?

What's the problem?
I've never even seen you, or your alright looking soon to be ex girlfriend and I'd say your name is Leo Hughes!

seamus · 30-01-2019 08:38AM

sbsquarepants wrote: »

Could they, would they, in a park?

They could and they would if they had a reason. I got done for speeding after I had pulled into a car park and parked up. Cop pulled in behind me and told me he'd clocked me out on the main road.

A public place is any place that "members of the public have or are permitted to have access, whether as of right or by express or implied permission, or whether on payment or otherwise".

So it's pretty broad. Any car park for use by the public, is a public place, whether or not it has barriers, whether or not it's on private land, and whether or not it closes at night.

fxotoole · 30-01-2019 08:43AM

Breaston Plants wrote: »

Was he wearing his hat? ðŸ˜

Was he on his oath?

DellyBelly · 30-01-2019 09:14AM

Never understand why someone doesn't give their name and address to the police if asked. If you have done nothing wrong then I don't know why you should be worried.

Obviously the police in Ireland at the moment don't have a great reputation with the public what with all the corruption etc...however i believe most cops are decent and only want to do their jobs as best as they can

dalta5billion · 30-01-2019 09:36AM

DellyBelly wrote: »

Never understand why someone doesn't give their name and address to the police if asked. If you have done nothing wrong then I don't know why you should be worried.

Obviously the police in Ireland at the moment don't have a great reputation with the public what with all the corruption etc...however i believe most cops are decent and only want to do their jobs as best as they can

I think it's fair to ensure they've got a jolly good reason for requesting it. Not being personal here, but are you a man? I think women have to deal with creeps and stalkers a lot more so are more cautious of this sort of request.

can a guard demand my name at a filling station? ]

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