Being stopped by a Guard

Bob Z · 19-07-2009 06:16PM #1

Can a guard stop and search someone if they have no reason to? eg can they just stop a group of people walking along?

Hooch · 19-07-2009 06:22PM

Bob Z wrote: »

Can a guard stop and search someone if they have no reason to? eg can they just stop a group of people walking along?

Of course he can stop and speak to you (judges rules state he can). Anybody can stop someone and speak to you.

Now searching is a different matter and must be done only by use of legislation.....unless you were asked to empty your pockets and you did......thats the same as any joe soap asking you to empty your pockets:D.

Bob Z · 19-07-2009 06:32PM

nice guy always wrote: »

Of course he can stop and speak to you (judges rules state he can). Anybody can stop someone and speak to you.

Now searching is a different matter and must be done only by use of legislation.....unless you were asked to empty your pockets and you did......thats the same as any joe soap asking you to empty your pockets:D.

Ok this guard hasn't stopped me (yet) but has stopped some of my friends. He just seems to pick people at random. Can he do that?

And if a guards wants to search surely if you dont co operate you will end up in the station?

Hooch · 19-07-2009 06:38PM

Bob Z wrote: »

Ok this guard hasn't stopped me (yet) but has stopped some of my friends. He just seems to pick people at random. Can he do that?

And if a guards wants to search surely if you dont co operate you will end up in the station?

To search you a member must operate under legislation I.E. Section 23 Misuse of Drugs Act 1977/84. All the member needs is reasonable suspision to do this. Has any of your friends ever been caught with a substance?? If so then the member would have reasonable suspision to search you too.

You cant just end up in the station.....but if the member runs through what i've said above and if you refuse to allow him to search you....then you can be detained for a search in the station.

His choice of people to search might seem random to you.....but how well do you know the people he has searched.....maybe they are up to something you dont know about;)

Bob Z · 19-07-2009 06:43PM

nice guy always wrote: »

You cant just end up in the station.....but if the member runs through what i've said above and if you refuse to allow him to search you....then you can be detained for a search in the station.

His choice of people to search might seem random to you.....but how well do you know the people he has searched.....maybe they are up to something you dont know about;)

Well he seems to be just guessing based on age or apperance. Is that what they call profiling in the states?

I have never met this guard but from what i can gather he will book you for any small offense that he can

Trojan911 · 19-07-2009 10:16PM

Bob Z wrote: »

Can a guard stop and search someone if they have no reason to? eg can they just stop a group of people walking along?

No, is the short answer, they would be acting unlawfully. As for stopping a group of people, or a single person then, yes, they can, however you are not obliged to stay or answer any questions and you may carry on about your business if they are just stopping you for a "chat". This should answer your question.

DubMedic · 19-07-2009 11:01PM

Bob Z wrote: »

I have never met this guard but from what i can gather he will book you for any small offense that he can

Don't be so silly, he/she is quite simply doing their job.
If you have not contravened any laws then you have nothing to worry about.

.

djtechnics1210 · 20-07-2009 02:14AM

Trojan911 wrote: »

however you are not obliged to stay or answer any questions and you may carry on about your business if they are just stopping you for a "chat". .

So are you seriously saying that if a member of AGS stopped to talk to you, you would keep walking and not talk back to them....... straight away the member is going to think your hiding something.

Gardai are people too you know, they actually like to interact normally with people.

When i was in uniform i always stopped and talked to members of the public when i was on the beat..... and people always talked to me, members of the public (well decent law abiding citizens that is) appreciate it when members of AGS stop and talk to them for a "chat". `its the best way to get to know the community you work in.

Just cause a member of AGS stops and talks to you it doesnt mean he/she is trying to catch you out or find someway to arrest you.

Maybe im wrong, but thats the way i look at it anyway.

Trojan911 · 20-07-2009 09:31AM

djtechnics1210 wrote: »

So are you seriously saying that if a member of AGS stopped to talk to you, you would keep walking and not talk back to them.......

I'm not talking about me, what I would do is not up for discussion. I'm answering the OP's question.

TheNog · 20-07-2009 10:23AM

djtechnics1210 wrote: »

So are you seriously saying that if a member of AGS stopped to talk to you, you would keep walking and not talk back to them....... straight away the member is going to think your hiding something.

Gardai are people too you know, they actually like to interact normally with people.

When i was in uniform i always stopped and talked to members of the public when i was on the beat..... and people always talked to me, members of the public (well decent law abiding citizens that is) appreciate it when members of AGS stop and talk to them for a "chat". `its the best way to get to know the community you work in.

Just cause a member of AGS stops and talks to you it doesnt mean he/she is trying to catch you out or find someway to arrest you.

Maybe im wrong, but thats the way i look at it anyway.

Trojan911 wrote: »

As for stopping a group of people, or a single person then, yes, they can, however you are not obliged to stay or answer any questions and you may carry on about your business if they are just stopping you for a "chat". This should answer your question.

DJ, a quick look at Trojan's post may indicate a person should ignore all requests or attempts for a chat when he actually doesnt. Trojan is merely stating legal powers which Gardai operate under.

However if a person refuses to have an informal chat with a Garda then that is their own business. Rude and all as it may be.

ART6 · 20-07-2009 04:21PM

djtechnics1210 wrote: »

So are you seriously saying that if a member of AGS stopped to talk to you, you would keep walking and not talk back to them....... straight away the member is going to think your hiding something.

Gardai are people too you know, they actually like to interact normally with people.

When i was in uniform i always stopped and talked to members of the public when i was on the beat..... and people always talked to me, members of the public (well decent law abiding citizens that is) appreciate it when members of AGS stop and talk to them for a "chat". `its the best way to get to know the community you work in.

Just cause a member of AGS stops and talks to you it doesnt mean he/she is trying to catch you out or find someway to arrest you.

Maybe im wrong, but thats the way i look at it anyway.

Quite. Personally I am quite happy to stop for a chat with anyone who approaches me, whether or not he wears a uniform. I have no reason to be wary of a Garda, and have many times enjoyed an exchange with them even briefly. But I know that for some reason even the most law abiding people do seem to be wary. Lack of self confidence maybe?

baby blue · 20-07-2009 04:27PM

of course they can they can stop and search ,

Bob Z · 20-07-2009 04:58PM

DubMedic wrote: »

Don't be so silly, he/she is quite simply doing their job.
If you have not contravened any laws then you have nothing to worry about.

.

He seems to take his job very seriously. apparently he arrested a family member for speeding

Hooch · 20-07-2009 05:03PM

Bob Z wrote: »

He seems to take his job very seriously. apparently he arrested a family member for speeding

Now theres a story that has grown legs in my opinion.

staker · 20-07-2009 05:05PM

that's his job no??

where you going with this OP??

daveydave25 · 20-07-2009 05:21PM

i had similar problems with guards like that...i think there high on adrenaline or something. he pissed off everyone in my town...and thats noexaggeration. even the other cops would openly tell you "hes mad" or hes a "bolox". he got tranferred a lot and then got in serious ****e for stopping an ambulance going down a one way street in an emergency.... you wouldnt see that in a film. a cop can do what he wants at his own discretion as any judge will believe a cops testimony in court over the ordinary tax paying citizen. i got arrested one time for walking home with a few pints in me because the cop in question formed the opinion i was drunk in a public place and a danger.

Hooch · 20-07-2009 05:40PM

daveydave25 wrote: »

i had similar problems with guards like that...i think there high on adrenaline or something. he pissed off everyone in my town...and thats noexaggeration. even the other cops would openly tell you "hes mad" or hes a "bolox". he got tranferred a lot and then got in serious ****e for stopping an ambulance going down a one way street in an emergency.... you wouldnt see that in a film. a cop can do what he wants at his own discretion as any judge will believe a cops testimony in court over the ordinary tax paying citizen. i got arrested one time for walking home with a few pints in me because the cop in question formed the opinion i was drunk in a public place and a danger.

(1) Is a Garda not a tax paying citizen....because if not I need a HUGE refund:D

(2) And so the plot thickens......drunk......in public place......Section 4 Criminal Justice (Public Order) Act 1994......danger to yourself or others....arrested.......dare I say chip on shoulder:pac:

daveydave25 · 20-07-2009 05:48PM

nope, no chip on my shoulder boy, my point being with the draconian legislation now, if i go to the pub for a few pints and once i walk out on the public footpath i can be arrested for intoxication, same way a bouncer will tell you you have had to much to drink when you only had 3 or 4. im not the only one its happened to. maybe your not a jackass and realise someday i might have information that will help solve a serious crime and might be more forth coming if i havent been treated like a piece of ****e by our boys in blue...

AJ6000 · 20-07-2009 05:52PM

My friends had a similar case not too long ago! They had just left a mates house after a few cans and were walking to the pub which is about 150m up the street. They were stopped by 2-3 guards and asked to show id's!!!! They didnt give a reason they just asked them to show identification. They let all of my friends go bar one. He was having what he thought was a bit of "Friendly Banter" with the officers while they were checking the id's. The older guard then decided to push him up against the wall and said "Ive a long night ahead of me without having to deal with smart young fellas like you." My friend then advised the guard to let go of him, mentioning the fact that both his parents are solicitors and the guard duely obliged and told him to move along. Some Guards are just a nuisance and like annoying people!

donvito99 · 20-07-2009 06:47PM

daveydave25 wrote: »

i had similar problems with guards like that...i think there high on adrenaline or something. he pissed off everyone in my town...and thats noexaggeration. even the other cops would openly tell you "hes mad" or hes a "bolox". he got tranferred a lot and then got in serious ****e for stopping an ambulance going down a one way street in an emergency.... you wouldnt see that in a film. a cop can do what he wants at his own discretion as any judge will believe a cops testimony in court over the ordinary tax paying citizen. i got arrested one time for walking home with a few pints in me because the cop in question formed the opinion i was drunk in a public place and a danger.

Jesus Mary and Joseph...where do we start....

donvito99 · 20-07-2009 06:49PM

daveydave25 wrote: »

once i walk out on the public footpath i can be arrested for intoxication

Draconian?

Its illegal for a reason,

*more likely to walk in front of a car
*more likely to assault someone
*more likely to be a d_ck basically

Hooch · 20-07-2009 06:56PM

daveydave25 wrote: »

nope, no chip on my shoulder boy, my point being with the draconian legislation now, if i go to the pub for a few pints and once i walk out on the public footpath i can be arrested for intoxication, same way a bouncer will tell you you have had to much to drink when you only had 3 or 4. im not the only one its happened to. maybe your not a jackass and realise someday i might have information that will help solve a serious crime and might be more forth coming if i havent been treated like a piece of ****e by our boys in blue...

Would you not consider this your civic duty to give information in relation to a serious crime???

Holding information that could solve a crime does not hurt a member of AGS or annoy him. But it would hurt and annoy the injuried party and of course there is the fact that if someone held back information there is a high chance of re-offending and another person becoming an injuried party.

O and no....im not a jackass......Im a nice guy all the time:D

TheNog · 20-07-2009 06:59PM

Bob Z wrote: »

He seems to take his job very seriously. apparently he arrested a family member for speeding

What you have heard here is Chinese whispers as there is no power of arrest simply for speeding.

And honestly I dont know how many times I have the same story dished out about a Garda who is simply doing his job.

daveydave25 wrote: »

nope, no chip on my shoulder boy, my point being with the draconian legislation now, if i go to the pub for a few pints and once i walk out on the public footpath i can be arrested for intoxication, same way a bouncer will tell you you have had to much to drink when you only had 3 or 4. im not the only one its happened to. maybe your not a jackass and realise someday i might have information that will help solve a serious crime and might be more forth coming if i havent been treated like a piece of ****e by our boys in blue...

First off infraction for calling a poster a jackass,

secondly read the legislation - Section 4of the Criminal Justice (Public Order) Act 1994. The key word for Section 4 is safety. So if a Garda deems you to be a risk to your own or another's safety then there is justification for the arrest. You cannot be arrested just because you are intoxicated.

Zambia · 21-07-2009 01:20AM

If a Garda arrests you for Drunk and Disorder, I reckon if you pipe down go quietly you will just be having a sleep in a cell. On a drunken night I could have slept on nails so a crap Wooden bunk is fine. there is is even a little light reading on the walls.

If you become a d*ck chances are that's when you will see the charge.

I have even pee' d on a Gardas shoes and not been charged with D&D. (Not my fault his offsider spun me round and didnt tell his partner).

He was not happy though.

Bob Z · 21-07-2009 01:44AM

TheNog wrote: »

You cannot be arrested just because you are intoxicated.

I think you can

Zambia · 21-07-2009 01:51AM

Bob Z wrote: »

I think you can

Under what Law...just curious?

Bob Z · 21-07-2009 01:56AM

Zambia232 wrote: »

Under what Law...just curious?

i dont know what law but i think you can be arrested for being drunk. It just rarely happens. I suppose if they ere to really enforce they would snowed under

I have a friend who is American and he says that in the states people often get arrested for being drunk

Shield · 21-07-2009 02:03AM

Bob Z wrote: »

I think you can

TheNog is a Garda.

Zambia · 21-07-2009 02:16AM

Bob Z wrote: »

i dont know what law but i think you can be arrested for being drunk. It just rarely happens. I suppose if they ere to really enforce they would snowed under

I have a friend who is American and he says that in the states people often get arrested for being drunk

Ah in America in some places you can be arrested for not owning a firearm.

In essence you are arrested while drunk for what you are doing, like in my above example I was urinating on the street. I can be arrested for that the fact I was drunk is a side issue.

So I reckon once TheNog wakes up he will simply say you can be arrested for what you are doing while drunk not that you are in fact drunk.

Bob Z · 21-07-2009 02:28AM

right i have looked it up and google and have found cases of people being arrested for public intoxication. But they also seemed to arrested for other offenses eg drunk and disorderly and other offenses. But never the less being drunk seems technically a crime

Zambia · 21-07-2009 02:34AM

Bob Z wrote: »

right i have looked it up and google and have found cases of people being arrested for public intoxication. But they also seemed to arrested for other offenses eg drunk and disorderly and other offenses. But never the less being drunk seems technically a crime

I would disagree. But I am far to lazy to look up the the lack of A law. It easier to look up a law.

A bit like searching a haystack for a needle, you dont think is there.

Being stopped by a Guard

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