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Child Item

Can Gardai ask you where you're going?

Jimmy Garlic

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?.

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hondasam

AudreyHepburn wrote: »

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

In my experience they don't.

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.

I'm not whining for one thing. are you telling me that the type of car your drive does not get you more attention than is necessary.

end a eknny

AudreyHepburn wrote: »

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.

the gardai arrived at my house one day and told me there had been a burglary in the area and asked if i saw anything suspicous i asked whose house was burgled and they said they couldnt tell me so i said neither can i they didnt look happy but they did piss off

AudreyHepburn

hondasam wrote: »

[/B]

I'm not whining for one thing. are you telling me that the type of car your drive does not get you more attention than is necessary.

I'm not driving myself yet, only learning. However I have been in many of my friends cars regularly and we have never been stopped.

The only people I do know who were stopped and breathalized were my Dad (45), Uncle (Dads brother, breath tested twice) (48) and Grandmother(79).

AudreyHepburn

JG009 wrote: »

I have no data sheet, sorry but put it this way I don't get questioned as much now as I did when I was younger.

Fair enough but that doesn't mean it works like that across the board.

Although if it did I could understand since young drivers probably are the most likely to speed and/or drive under the influence.

AudreyHepburn

end a eknny wrote: »

the gardai arrived at my house one day and told me there had been a burglary in the area and asked if i saw anything suspicous i asked whose house was burgled and they said they couldnt tell me so i said neither can i they didnt look happy but they did piss off

I don't see the issue with them not telling you tbh.

Biggins

end a eknny wrote: »

The gardai arrived at my house one day and told me there had been a burglary in the area and asked if I saw anything suspicious. I asked whose house was burgled and they said they couldn't tell me so I said neither can I, they didn't look happy but they did piss off.

I'm guessing but they might have been trying to see if you knew about what house was broken into on the off chance that it just happened AND that such news hadn't become much know to the public yet.
Had you said "yes" - you had heard of the house broken into, you might have also raised their interest in you even further.
A slight way of possibly catching a slow crook out perhaps?

By not answering, you were in a way within the legal loose area of not inditing yourself - if indeed one had a role in such a matter.
(And I'm not saying you did by the way!)

hondasam

AudreyHepburn wrote: »

I'm not driving myself yet, only learning. However I have been in many of my friends cars regularly and we have never been stopped.

The only people I do know who were stopped and breathalized were my Dad (45), Uncle (Dads brother, breath tested twice) (48) and Grandmother(79).

you know three people who were stopped. I know people who were stopped three times in one night. everyone will have a different experience of been stopped.

AudreyHepburn

JG009 wrote: »

Ha, and I got given out to for generalising. Speeding maybe. But drink driving? the old generation grew up with that, its in their blood.

Think you will find it generally does work across the board like that. Next few cars you see pulled over roughly check age of the drivers. They hardly ask your old man where he is coming from and where he is going.

They did actually. They asked my grandmother too. She simply told them she was coming from her son's (my other Uncle) where she'd had dinner that night. No fuss, the Garda moved on in seconds.

I'm going on the vast majority of crashes you hear on the news, young drivers are involved.

AudreyHepburn

hondasam wrote: »

you know three people who were stopped. I know people who were stopped three times in one night. everyone will have a different experience of been stopped.

Exactly so you can't assume your experiences are indicative of people being stopped as a whole.

I'm sure the Gardai don't pick and choose who to stop, unless they're looking some-one or something in particular.

Bruthal

JG009 wrote: »

But drink driving? the old generation grew up with that, its in their blood.

And their piss.

JohnathanM

AudreyHepburn wrote: »

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.

Being deceptive is certainly the most stupid thing a person could do, but remaining silent in face of charges is the single most effective way to avoid self-incrimination. The average Joe may perceive people keeping quiet as a sign of guilt, but the law does not without very good reason - the right is in place to protect people. If you are being asked questions because of some crime you had nothing to do with, deny all knowledge and shut up.

end a eknny

AudreyHepburn wrote: »

I don't see the issue with them not telling you tbh.

well if i didnt know where i was supposed to have seen anything suspicous well then i couldnt help them could i

HellFireClub

One thing that never ceases to amaze me is the pure pig ignorance of the Irish Garda... You see video clips of cops in the US stopping people in a car who are irrational and off their heads, throwing abuse at the cop, but the cop always manages to treat the person with total respect and courtesy, regardless of whether there is an offence committed or not.

But back on Craggy Island, you could drive into a checkpoint and be under no misdemeanour and you can be sure of one thing, you will be spoken to in a snide, cynical and rude manner from the very outset.

hondasam

AudreyHepburn wrote: »

Exactly so you can't assume your experiences are indicative of people being stopped as a whole.

I'm sure the Gardai don't pick and choose who to stop, unless they're looking some-one or something in particular.

what do you think they do ?

young lad driving a fast car or older person driving family car, who will get stopped ?

you will find out for yourself when you start driving.

Biggins

end a eknny wrote: »

well if i didnt know where i was supposed to have seen anything suspicious well then i couldnt help them could i

It costs nothing to be nice and they eventually would have went on their way.

What does one further gain from being rude to them (even if totally innocent)? Well one might find out in the future if they ever come across such confrontational folk again!

Bruthal

hondasam wrote: »

what do you think they do ?

young lad driving a fast car or older person driving family car, who will get stopped ?

you will find out for yourself when you start driving.

Well at a checkpoint anyone could get stopped, but a young fella with a boy racer car will certainly attract the gardai checkpoints attention more than the older driver alright.

jive

AudreyHepburn wrote: »

Exactly so you can't assume your experiences are indicative of people being stopped as a whole.

I'm sure the Gardai don't pick and choose who to stop, unless they're looking some-one or something in particular.

Yes they do. I always get stopped driving home from a night out because I'll be wearing a shirt or jumper. I always get breathalysed when done up. On occasions when I wasn't dressed up I was waved on every time

montane

jive wrote: »

Yes they do. I always get stopped driving home from a night out because I'll be wearing a shirt or jumper. I always get breathalysed when done up. On occasions when I wasn't dressed up I was waved on every time

Done up when you're wearing an oul geansai and shirt :pac:

jive

montane wrote: »

Done up when you're wearing an oul geansai and shirt :pac:

there'd be gel in the hair like it was on special offer i tell ya

gman2k

AudreyHepburn wrote: »

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

Unfortunately, some people have had horrendous bad experience with the Guards. Friends of mine were stitched up on a drunk and disorderly charge one time.
In certain urban areas and in certain demographics, the guards are not liked, and as always, it's the case of a few bad apples.

AudreyHepburn

hondasam wrote: »

what do you think they do ?

young lad driving a fast car or older person driving family car, who will get stopped ?

you will find out for yourself when you start driving.

As I said they stopped my elderly grandmother.

They pick at random as far as I can tell. A younger person might attract attention quicker but it is not only they that get stopped.

Anyhoo to bring this back on topic my main point remains be friendly polite and co-operative and answer they're questions and you will be treated in kind.

AudreyHepburn

gman2k wrote: »

Unfortunately, some people have had horrendous bad experience with the Guards. Friends of mine were stitched up on a drunk and disorderly charge one time.
In certain urban areas and in certain demographics, the guards are not liked, and as always, it's the case of a few bad apples.

Yes I know, I wish people weren't so quick to judge the many based on the actions of the few.

imitation

Reminds me of a story I read on boards before.

A bunch of lads are on the way home after a night out in a car that is bit of a banger. The passenger window breaks and is stuck down, the night is freezing so the lad in the passenger seat looks for something to throw over his head, he finds a Tea cozy/wooly hat/ski mask and pulls it right down over his face. Next thing is they get stopped at a check point. The gardai sticks his head in, suddenly notices the guy in the ski mask and quickly waves them on.

Moral of the story, try it yourself and see how long it takes to get arrested :pac:

AudreyHepburn

JG009 wrote: »

I take it you are from a nice area?

Not that its relevent or your business but yes, I am from the Navan Road, a nice residential area in North Dublin.

Mr Trade In

One line would have done, "What seems to be the Officer,Problem?".

[Deleted User]

Mr Trade In wrote: »

One line would have done, "What seems to be the Officer,Problem?".

or "ffwat sheems to ve thre brovvlim ossiferr!" BURP!!!

https://www.youtube.com/watch?v=03OPcn80Uzs

PS saw the littie swapperoo

JohnathanM

Deleted User wrote: »

or "ffwat sheems to ve thre brovvlim ossiferr!" BURP!!!

Or just pretend you're the reincarnation of Brian Lenihan, Snr. and ask, "will you have a drink or a transfer?"

yourpics

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!

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!

Sorry you are wrong - a garda can only ask for your name and address which you must give or face arrest.

You are under no obligation to co-operate, but obviously it is easier if you do!

Biggins

yourpics wrote: »

Sorry you are wrong - a garda can only ask for your name and address which you must give or face arrest.

You are under no obligation to co-operate, but obviously it is easier if you do!

We will have to agree to disagree (justifiable cause to begin with).
I'd suggest further research on this by yourself. I've given a few starting points already previously.

I do agree its obviously it is easier if you do - the only loser is the one that becomes in the end, his/her own worst enemy.

yourpics

Biggins wrote: »

We will have to agree to disagree.
I'd suggest further research on this by yourself. I've given a few starting points already previously.

from Citizens Information:
Common law powers

Most of the powers given to the Gardaí to stop and question members of the public are set out in law (known as statutory powers). There are, however, a number of instances where a Garda is entitled to stop and question you where no statutory power exists. This is known as a common law power.
An example of this would be where a Garda observes you acting suspiciously late at night, in an area where a lot of crimes are being committed. The Garda is entitled to stop you in order to detect and prevent crime. You are under no legal obligation to co-operate with the Garda and the Garda cannot use force to restrain your freedom under common law, short of arresting you.
However, if the Garda has reasonable grounds for suspecting that you committed an offence, the Garda can use a statutory power to demand your name and address. If you refuse to provide them, then the Garda can arrest you.
The Gardaí have a common law power to stop motorists at random in order to detect and prevent crime. This power can be used, for example, to stop cars near pubs to identify drunk drivers or in order to check cars passing through an area where a lot of crime had been committed.
Statutory powers

As outlined above, a Garda is entitled to stop a motorist under common law for the purpose of detecting and preventing crime. The Garda is also entitled to stop a motorist under a statutory power given under Section 109 of the Road Traffic Act 1961, which obliges a motorist to stop his/her vehicle when required to do so by a Garda. This statutory power is given to the Gardaí for the purpose of inspecting vehicle tax, insurance certificates, driving licenses and road worthiness of vehicles. Unlike common law power, it is confined to road traffic offences.
There are a considerable number of statutory provisions which allow the Gardaí to stop anyone for certain purposes, but there is only one which specifically permits a Garda to stop and question someone, short of arresting the person.
Section 30 of the Offences Against the State Act 1939 allows a Garda to stop and interrogate anyone whom the Garda suspects of having committed or being about to commit an offence under the 1939 Act or an offence scheduled for the purposes of the Act. (There are a number of offences listed as being scheduled offences, such as, firearms offences and explosive offences). This gives the Gardaí the power to stop a suspect in a public place. It also gives them the power to stop any vehicle, or any ship, boat or other vessel for the purposes of questioning and searching, and if necessary, arresting the suspect.