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Is it legal for a garda to take a mobile phone and read the text massages?

  • 10-03-2010 7:50pm
    #1
    Plaza
    Closed Accounts Posts: 1 ✭


    Is it legal for a garda to take a mobile phone and read the text massages or for the contacts numbers of the phone to be read?


Comments

  • #2
    RangeR
    Registered Users Posts: 7,265 ✭✭✭RangeR


    Plaza wrote: »
    Is it legal for a garda to take a mobile phone and read the text massages or for the contacts numbers of the phone to be read?

    On what grounds did the Garda take the mobile?


  • #3
    cursai
    Registered Users Posts: 2,915 ✭✭✭cursai


    are you a scumbag. if not then dont worry. if you are...nobody cares


  • #4
    Andrew33
    Closed Accounts Posts: 1,857 ✭✭✭Andrew33


    Plaza wrote: »
    Is it legal for a garda to take a mobile phone and read the text massages or for the contacts numbers of the phone to be read?

    I would have thought not unless proper warrant in place? Serious invasion of your privacy but thats the way this sh1thole of a country is going.


  • #5
    Andrew33
    Closed Accounts Posts: 1,857 ✭✭✭Andrew33


    cursai wrote: »
    are you a scumbag. if not then dont worry. if you are...nobody cares

    So you think its ok for any member of the Gardai to walk up to you and demand your phone and read whats on it? There are privacy laws.


  • #6
    Run_to_da_hills
    Closed Accounts Posts: 20,009 ✭✭✭✭Run_to_da_hills


    If you were caught with something illegal I would imagine they would have no problem once they had a warrant / you arrested.

    Also if you were involved in something illegal and you refused to give them your phone / deleted messages they can request details from your service provider which would include text messages going back 2 years under data retention directives.


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  • #7
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    Depends on why they took it.


  • #8
    0O7
    Closed Accounts Posts: 229 ✭✭0O7


    depends : if it is evidence to an arrestable offence :

    Sec7 CJA 07

    http://www.irishstatutebook.ie/2006/en/act/pub/0026/sec0007.html


  • #9
    hollyday
    Closed Accounts Posts: 38 ✭hollyday


    I am very interested in this thread as last year my mobile was taken from me when somebody I know went missing. I had told the guards that I had not heard from the person and deleted some personal messages from friends etc before I gave it to them. This resulted in the garda very sternly telling me that if he needed to he could bring up all of my text messages so there was no point in deleting them. The person turned up that same day and I am still very angry about the way I was treated by the gardai. I felt like a criminal and it was a very unreasonable way to go about things imo. :mad: what makes it worse is that a very close member of my family is a garda too :confused:


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