Can Gardai ask you where you're going?

tayto lover · 30-04-2011 09:15PM

Jimmy Garlic wrote: »

Came across a checkpoint tonight. All well and good the usual, then the Guard asked me where I was going. I told him it was none of his business then he got a bit cranky and leisurely walked around the car with my licence in his hand to waste my time. Do they think that this is the Soviet Union or something?. What right have they to ask people where they are going?.

Ha ha We all believe you ..... not.

jive · 30-04-2011 09:19PM

Terry wrote: »

Go and get a law degree. Put your knowledge of pointless laws to good use instead of wasting the time of the Gardaí every time they ask you a question.
Just answer the question and move on.

Don't like that solution?
Get elected and push or a law preventing the Gardaí from asking members of the public where they are going.

Not happy with that one?
Get the boat.

I don't need a law degree to practice law but thanks for the suggestion. When have I ever wasted the time of Gardaí? I already said I answer the questions, read up. Also you'd be hard pushed to waste a guards time at half 2 in the morning at a checkpoint on an empty road. I don't even know how I'd go about it.

There already is a law preventing them from asking needless questions. You can only be stopped or questioned by a Garda in accordance with law. "Any person (note: including a Garda) who, without lawful authority or reasonable excuse, wilfully prevents or interrupts the free passage of any person or vehicle in any public place is committing an offence under Section 9 of the CRIMINAL JUSTICE (PUBLIC ORDER) ACT, 1994”.

I suggest you read up a little before you unleash on your keyboard in an attempt to be condescending. Good night sweet prince.

I agree with you saying people need to lighten up a bit. Asking you where your going is a harmless question and if you really don't want him to know you could always *gasp* lie. If you get offended by someone asking where your going you should really consider topping yourself

Bosco boy · 30-04-2011 09:20PM

x in the city wrote: »

Tell him you are going to meet the missus for a ride.

then ask him his plans for the night?

I don't think the Garda would believe him as he's talking to a guy driving a pink car!

jive · 30-04-2011 09:25PM

Bosco boy wrote: »

I don't think the Garda would believe him as he's talking to a guy driving a pink car!

It is wrong of you to assume that I cannot get a girlfriend because I am the proud owner of a pink car. I am awfully offended by this. I fear that you are insinuating that pink is associated with homsexuality. Pink is just a colour just like blue. I am offended.

I laugh so hard when people are 'offended'. LOL. What difference does it make to your life that you are now 'offended'? I'll tell ya - no difference. The best part about people who write complaints into ofcom and the likes about being 'offended' by a broadcast is initially there might be a few hundred complaints or so. People then go and look for the clip which may cause offense and then several thousand complaints pour in. Life: ya got none

yourpics · 30-04-2011 09:29PM

a garda asked me one night what do i work at!! what was that all about!!

Biggins · 30-04-2011 09:31PM

jive wrote: »

Wrong. They don't have the freedom to ask anyone any question. What you fail to realise is that's not how the job is done. It may be how they check for slurred words at a checkpoint but that isn't applicable to all scenarios. If I am walking along the road (just walking, wearing clothes, nothing else to draw attention) and a guard questions me where I'm going it is harassment. I have the freedom of mobility.

Also with regards to checkpoints you have no legal obligation to co-operate. It's none of his concern where you're going and if you really don't want to tell him then ask under what provision of law he has stopped you to whind him up. The guard will either hassle you (he can't do much if your car is in full working order, taxed, insured etc.) or more likely let you go.

ABSOLUTE RANTING COBBLERS!

1. "They don't have the freedom to ask anyone any question."

* Yes - They god-damn do. They have been given the legal powers to do so. In the interests of the safety of the public and property, they are indeed allowed to ask simple questions of anyone. If you think different - you have your head up your arse with bucketfuls of stupidity!

2. "If I am walking along the road (just walking, wearing clothes, nothing else to draw attention) and a guard questions me where I'm going it is harassment. "

* More absolute pure ranting, ill-thought out mindless schite.
Put the chip on your should to one side for just a minute and actually think!
Do crooks go down the street wearing a sign that says "Crook". Do they wear outstanding clothes all the time that make it obvious that they are up to no good?
Seriously!
No, they wear most of the time the same clothes that you and I wear. So the Gardi stop normal dressed people occasionally that they suspect might be up to no good - and guess what - thats actually part their god-damn job! Because cooks don't go around wearing said signs, they job is hit and miss sometimes and you know what! Till the likes of you and I start telling the Gardi out straight who the ruddy crooks are by pointing them out, they have to do this hit and miss effort to play catch-up with the thugs and robbers, etc of this world!
Go get a grip!

3. "I have the freedom of mobility."

* Well bloody good for you! So do we all!
The Gardi are not stopping you from being mobile. They are pausing you for a safe moment or two in your long, long life - if only see that others lives are also safe too! Freedom of mobility? Are they holding you down while they ask you a question or two?
More absolute stupidity!

4. "...with regards to checkpoints you have no legal obligation to co-operate"

* More uninformed, idiotic cobblers.
Gardi have "qualified privileges" to assist them in the course of their duties. As part of that, if a member of the public is requested to fulfill a simple duty, answer a simple question or assist the Gardi, unless they can show immediate cause not to comply with a Gardi in the course of his duties, I can assure you, you WILL be charged with failing to comply with the Gardi in the said course of his/her duty. The constitution actually allows for this (look it up you might learn something for a change) in that no citizen is to be deprived of liberty except save that in accordance with the law and those carrying it out. Go read the Criminal Justice Act 1984 or even the Criminal Law Act 1997 in relation to "reasonable cause" for gods sake!

5. "It's none of his concern where you're going..."

* YES - IT BLOODY IS!

6. "..and if you really don't want to tell him then ask under what provision of law he has stopped you to whind him up."

* Yes, please do that - and see where it gets you. If its behind bars or in a court room for wasting Gardi time, you deserve it for carry out such stupid, thickheaded actions!

O' and do us all here a favour and actually look up the meaning of the term "harassment".
Being stopped on a very rare (if once at all in your life) to be asked a question is not harassment.
The levels of stupidity in this country astounds me sometimes!

Bosco boy · 30-04-2011 09:42PM

jive wrote: »

It is wrong of you to assume that I cannot get a girlfriend because I am the proud owner of a pink car. I am awfully offended by this. I fear that you are insinuating that pink is associated with homsexuality. Pink is just a colour just like blue. I am offended.

I laugh so hard when people are 'offended'. LOL. What difference does it make to your life that you are now 'offended'? I'll tell ya - no difference. The best part about people who write complaints into ofcom and the likes about being 'offended' by a broadcast is initially there might be a few hundred complaints or so. People then go and look for the clip which may cause offense and then several thousand complaints pour in. Life: ya got none

If your driving a pink car you're fairly thick skinned already, I think you'll be ok! Don't be jumping to conclusions.

bedstuybosco · 30-04-2011 09:46PM

for the prevention and detection of crime .... Get over it

jive · 30-04-2011 09:51PM

Biggins wrote: »

ABSOLUTE RANTING COBBLERS!

1. "They don't have the freedom to ask anyone any question."

* Yes - They god-damn do. They have been given the legal powers to do so. In the interests of the safety of the public and property, they are indeed allowed to ask simple questions of anyone. If you think different - you have your head up your arse with bucketfuls of stupidity!

I have the right to free movement and passage, personal privacy and bodily integrity. A guard does not have the right to 'disabuse' you of those rights ... "save in accordance with the law" (Article 40, Irish Constitution).

2. "If I am walking along the road (just walking, wearing clothes, nothing else to draw attention) and a guard questions me where I'm going it is harassment. "

* More absolute pure ranting, ill-thought out mindless schite.
Put the chip on your should to one side for just a minute and actually think!
Do crooks go down the street wearing a sign that says "Crook". Do they wear outstanding clothes all the time that make it obvious that they are up to no good?
Seriously!
No, they wear most of the time the same clothes that you and I wear. So the Gardi stop nornal dressed people occasionally that they suspect might be up to no good - and guess what - thats actually part their god-damn job! Because cooks don't go around wearing said signs, they job is hit and miss sometimes and you know what! Till the likes of you and I start telling the Gardi out straight who the ruddy crooks are by pointing them out, they have to do this hit and miss effort to play catch-up with the thugs and robbers, etc of this world!
Go get a grip!

No most of the time they look like nackers. Sorry to not be PC but its true. Again, you can only be stopped or questioned by a Garda in accordance with law.

3. "I have the freedom of mobility."

* Well bloody good for you! So do we all!
The Gardi are not stopping you from being mobile. They are pausing you for a safe moment or two in your long, long life - if only see that others lives are also safe too! Freedom of mobility? Are they holding you down while they ask you a question or two?
More absolute stupidity!

refer to above

4. "...with regards to checkpoints you have no legal obligation to co-operate"

* More uninformed, idiotic cobblers.
Gardi have "qualified privileges" to assist them in the course of their duties. As part of that, if a member of the public is requested to fulfill a simple duty, answer a simple question or assist the Gardi, unless they can show immediate cause not to comply with a Gardi in the course of his duties, I can assure you, you WILL be charged with failing to comply with the Gardi in the said course of his/her duty. The constitution actually allows for this (look it up you might learn something for a change) in that no citizen is to be deprived of liberty except save that in accordance with the law and those carrying it out. Go read the Criminal Justice Act 1984 or even the Criminal Law Act 1997 in relation to "reasonable cause" for gods sake!

If a Garda cannot, will not, or refuses to use 'the law' by invoking a relevant act (such as Public Order Act or Road Traffic Act or whatever) then you do not have to engage or cooperate with him in any way. He must invoke the law to use the law ... in accordance with the law! If he refuses, he is not acting in accordance with any law and you should invoke your rights to personal liberty and go about your business.

5. "It's none of his concern where you're going..."

* YES - IT BLOODY IS!

No, it's not.

6. "..and if you really don't want to tell him then ask under what provision of law he has stopped you to whind him up."

* Yes, please do that - and see where it gets you. If its behind bars or in a court room for wasting Gardi time, you deserve it for carry out such stupid, thickheaded actions!

It's perfectly within my rights to ask him that question. If that gets me behind bars then I would look forward to my day in court.

O' and do us all here a favour and actually look up the meaning of the term "harassment".
Being stopped on a very rare (if once at all in your life) to be asked a question is not harassment.
The levels of stupidity in this country astounds me sometimes!

ha·rass·ment
a feeling of intense annoyance caused by being tormented.
If you are frequently being stopped by guards for no reason then yes, it is in fact, harassment.

I applaud your post it was well put together.

Also I don't hassle guards I just comply it's much easier on the very rare occasion you are randomly stopped. I am rarely stopped outside of a checkpoint (which may take the best part of 1 minute, big deal). I'm just stating the facts for people who do intend to be arseholes because frankly many guards are arseholes and deserve the contempt they get. (not all of them, but a lot of them I have found to be like bouncers - a little bit of power goes a long way in the head)

JohnathanM · 30-04-2011 09:52PM

Biggins wrote: »

ABSOLUTE RANTING COBBLERS!

1. "They don't have the freedom to ask anyone any question."

* Yes - They god-damn do.

No, they don't. They might ask a question, but this does not entail that an answer is required. Being stopped at a checkpoint, questions should generally be confined to that context and not for example - as another poster noted - questions as to employment. In a more general case, if they have reasonable grounds to suspect you of a crime, or that you might be about to commit one, they can question you in that context too. Again, however, not every question requires an answer. They could always arrest you, but they need a real reason for that...

Break all ties · 30-04-2011 09:53PM

x in the city wrote: »

Tell him you are going to meet the missus for a ride.

then ask him his plans for the night?

I have used a variation of that on many an occasion. "Just heading home to the wife after riding the girlfriend". That generally shuts them up instantly.

At least in Bulgaria a cop would never dare ask where you are going.

Terry · 30-04-2011 09:58PM

jive wrote: »

I don't need a law degree to practice law but thanks for the suggestion.

Actually you do.
Also, you're welcome.

When have I ever wasted the time of Gardaí? I already said I answer the questions, read up. Also you'd be hard pushed to waste a guards time at half 2 in the morning at a checkpoint on an empty road. I don't even know how I'd go about it.

Answer the questions and move along.

There already is a law preventing them from asking needless questions. You can only be stopped or questioned by a Garda in accordance with law. "Any person (note: including a Garda) who, without lawful authority or reasonable excuse, wilfully prevents or interrupts the free passage of any person or vehicle in any public place is committing an offence under Section 9 of the CRIMINAL JUSTICE (PUBLIC ORDER) ACT, 1994”.

Read that again, and then check up on the rest of the laws.

I suggest you read up a little before you unleash on your keyboard in an attempt to be condescending.

I appreciate your suggestion, but I will not be taking your advice.
I spend very little time attempting to be condescending. In fact, I don't need to make any attempts at being condescending. It comes quite easily to me.

In saying that, I did not mean my replies to be condescending. I apologise if they came across in that way.

Good night sweet prince.

Please do not call me a Prince.
I prefer my official title.

In future I expect you to call me 'God'.

I agree with you saying people need to lighten up a bit. Asking you where your going is a harmless question and if you really don't want him to know you could always *gasp* lie. If you get offended by someone asking where your going you should really consider topping yourself

Agreed.
Now cheer up and have a beer or something.

Biggins · 30-04-2011 09:58PM

I should just further add to my last post that under the following (below in case anyone wants to do some deep studying), the laws pertaining to stoppage, detainment and questions have been tested and further qualified through the Irish courts many times and to this day.

If one wants to learn more about this, a good place to start is:

Dullaghan v Hillen 1957
McAllister v Dunnes Stores 1987
Kane v Governer Of Mountjoy Prison 1988
Burns v Johnson 1917
...and even as far back as Phillips v Great Northern Railway 1903

Short version, the Gardi do indeed have the powers to stop anyone and ask with reasonable cause and qualified privilege, any questions that might arise within the course of their duties.
End of story.

Anyone that espouses different - hasn't got a clue what they are talking about!

Our man in Havana · 30-04-2011 10:00PM

They can ask what they like, but you are not obliged to answer unless required to do so by statute.

ShamoBuc · 30-04-2011 10:02PM

why people have an issue with a question like that is beyond me - home, what's the problem. They are doing their job, accept it move on.

jive · 30-04-2011 10:05PM

Terry wrote: »

Actually you do.
Also, you're welcome.

Nope

Answer the questions and move along.
I do

Read that again, and then check up on the rest of the laws.
Nope, just highlight where I am incorrect like a good god

I appreciate your suggestion, but I will not be taking your advice.
I spend very little time attempting to be condescending. In fact, I don't need to make any attempts at being condescending. It comes quite easily to me.

In saying that, I did not mean my replies to be condescending. I apologise if they came across in that way.
cool story bro

Please do not call me a Prince.
I prefer my official title.

In future I expect you to call me 'God'.
check

Agreed.
Now cheer up and have a beer or something.
Alcohol is a depressant

.

montane · 30-04-2011 10:09PM

I normally tell them that I have the right to remain silent.

Biggins · 30-04-2011 10:09PM

jive wrote: »

ha·rass·ment
a feeling of intense annoyance caused by being tormented.
If you are frequently being stopped by guards for no reason then yes, it is in fact, harassment.

Indeed but the very rare or once off in your life occasion of being stopped does NOT qualify as harassment.
Now if it was "continuous harassment" - that would be a different story (and there are legal redresses for that) but as you put "harassment" in the earlier context, that claim just would not stand against the Gardi in an Irish court.

AudreyHepburn · 30-04-2011 10:19PM

jive wrote: »

Wrong. They don't have the freedom to ask anyone any question. What you fail to realise is that's not how the job is done. It may be how they check for slurred words at a checkpoint but that isn't applicable to all scenarios. If I am walking along the road (just walking, wearing clothes, nothing else to draw attention) and a guard questions me where I'm going it is harassment. I have the freedom of mobility.

Also with regards to checkpoints you have no legal obligation to co-operate. It's none of his concern where you're going and if you really don't want to tell him then ask under what provision of law he has stopped you to whind him up. The guard will either hassle you (he can't do much if your car is in full working order, taxed, insured etc.) or more likely let you go.

If a Gardai gives you an order ie. stop, pullover of course you have to obey.

If he ask you a question, ok you don't have to answer but unless you have something to hard or you simply looking for an excuse to get shirty with him/her then you really have no reason not to.

Terry wrote: »

I stayed away from AH for a while because of all the anger.
I see that people are still angry over pointless crap........ Get smart with a garda and they'll take note of you.
Then they'll continually hassle you.

Some people will use any excuse to Garda-bash. In fact many will simply complain and be self righteous because they can.

But its true. If you want them to be respectful and not treat you like a criminal then don't act like one! Answer them when they ask you a question instead of being rude and/or smart.

JohnathanM wrote: »

No, they don't. They might ask a question, but this does not entail that an answer is required. Being stopped at a checkpoint, questions should generally be confined to that context and not for example - as another poster noted - questions as to employment. In a more general case, if they have reasonable grounds to suspect you of a crime, or that you might be about to commit one, they can question you in that context too. Again, however, not every question requires an answer. They could always arrest you, but they need a real reason for that...

Our man in Havana wrote: »

They can ask what they like, but you are not obliged to answer unless required to do so by statute.

Again you may not be obliged (though I'd have to look it uo to see) but it makes no sense not to cooperate unless you looking for trouble.

ShamoBuc wrote: »

why people have an issue with a question like that is beyond me - home, what's the problem. They are doing their job, accept it move on.

If only it were so easy. For some reason people in this country can't jump fast enough onto the 'the gardai ignorant scum' bandwagon.

AudreyHepburn · 30-04-2011 10:21PM

Biggins wrote: »

Indeed but the very rare or once off in your life occasion of being stopped does NOT qualify as harassment.
Now if it was "continuous harassment" - that would be a different story (and there are legal redresses for that) but as you put "harassment" in the earlier context, that claim just would not stand against the Gardi in an Irish court.

Id assume though it'd dep end on why they kept stopping you. For instance if you kept driving under the influence or were constantly refusing to cooperate with them I would think you would find it hard to make a case.

Bruthal · 30-04-2011 10:26PM

Jimmy Garlic wrote: »

He said "show me your licence" in a cranky way.

And where you cranky showing it to him?

hondasam · 30-04-2011 10:27PM

It would be fair to say they only ask these questions to younger people. while they need to say something asking where you were and where you are going is not necessary. If you have id with you then you are not obliged to answer questions.

VivGrise · 30-04-2011 10:28PM

Jim Corr has a theory on why Guards ask you wher you're goin..

Our man in Havana · 30-04-2011 10:30PM

VivGrise wrote: »

Jim Corr has a theory on why Guards ask you wher you're goin..

Explain please.

JohnathanM · 30-04-2011 10:32PM

AudreyHepburn wrote: »

Again you may not be obliged (though I'd have to look it uo to see) but it makes no sense not to cooperate unless you looking for trouble.

Agreed, but it depends on the context Audrey. If I'm asked where I am going when I stop at a checkpoint I'll give an answer. Why not? It's just an excuse to get close enough to see if I'm drunk or whatnot anyway. If they ask how long I've owned the car, I'll tell them. If the questions move on to other matters though, I'll be asking why they want to know. If they give me a reasonable answer, they'll get a reasonable answer.

Off-topic a bit, but not answering odd questions without understanding why you are being asked is a good common sense rule, no matter who you are. You don't have to be rude and shirty about it, but you should know what is going on around you. In some cases, it makes perfect sense to keep quiet.

Biggins · 30-04-2011 10:35PM

AudreyHepburn wrote: »

Id assume though it'd depend on why they kept stopping you. For instance if you kept driving under the influence or were constantly refusing to cooperate with them I would think you would find it hard to make a case.

Indeed.
Even if a person was up to no good and was regularly stopped, to be fair, the person would still have redress.
However as the same person might have a bad record beforehand, they would subsequently be facing an serious uphill battle to lose themselves of the frequent questioning and a court case called for it to stop.
Now if a person had NO 'priors' on record, their claims of continuous harassment might obviously stand better in a court.

AudreyHepburn · 30-04-2011 10:36PM

hondasam wrote: »

It would be fair to say they only ask these questions to younger people

Do they? Links? I would think they'd ask questions to anyone they stop in fairness.

while they need to say something asking where you were and where you are going is not necessary. If you have id with you then you are not obliged to answer questions.

Your ID could be false.

And it could be hugely important to where you were or are going.

There are many reasons they could be asking questions;

To test your sobriety
They may be looking out for some-one
They may be investigating a crime/accident locally and want to know if you saw anything
They have the road blocked further up and want to warn you

I'm sure there are other reasons.

If you are approched and questioned by a Garda for gods sake just co-operate and save them and us your whining.

MajorMax · 30-04-2011 10:36PM

I've said it before on other posts, I don't answer Gardai questions unless they have a valid reason. Know your rights and exercise them

AudreyHepburn · 30-04-2011 10:38PM

JohnathanM wrote: »

Agreed, but it depends on the context Audrey. If I'm asked where I am going when I stop at a checkpoint I'll give an answer. Why not? It's just an excuse to get close enough to see if I'm drunk or whatnot anyway. If they ask how long I've owned the car, I'll tell them. If the questions move on to other matters though, I'll be asking why they want to know. If they give me a reasonable answer, they'll get a reasonable answer.

Off-topic a bit, but not answering odd questions without understanding why you are being asked is a good common sense rule, no matter who you are. You don't have to be rude and shirty about it, but you should know what is going on around you. In some cases, it makes perfect sense to keep quiet.

Of course you have a right to know but you don't have be Einstein to know keeping quiet and/or being deceptive with the police is the biggest mistake anyone could make.

Unless of course you actually want them to think you have something to hide.

AudreyHepburn · 30-04-2011 10:39PM

Jameson Putrid Ginseng wrote: »

If you were young you would have to agree there is an element of truth here. They do ask young people questions more so than others.

I am young but I think you are generalising unless you can show me you are not.

There's always staggering amounts of generalising when it comes to the Gardai.

Can Gardai ask you where you're going?

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