Can Gardai ask you where you're going?

mcmoustache · 16-05-2011 11:35AM

prinz wrote: »

.. but it's perfectly reasonable.. and tbh I can't see any reasonable grounds for objection unless you do have something to hide.

There are plenty of things which aren't illegal but would also be considered private.

Gárda: Where are you going?

Member of Public: I'm going to my Hemorrhoids Anonymouse meeting.

I know that this is a pretty obscure example but it's just to illustrate that there are valid reasons why one might not want to answer the question.

hatrickpatrick · 16-05-2011 11:41AM

fabbydabby wrote: »

Who cares what right they have to ask? They have the power... what's the point fighting it like an angst ridden teenager?

I am all like "Yes guard, no guard... Why I am just on my way home guard! and lovely to see you too guard, have a delightful evening and then they wave me on and I drive off smiling at the fact that I am in a nice cosy car going somewhere nice while they are freezing their tits off standing in the cold dealing with argumentative assholes on the road all night because of the shit job opportunities their limited intellect afforded them.

I hate people who use the word "angst", as if not wanting to live in an authoritarian society is somehow a bad or juvenile thing?

prinz · 16-05-2011 11:41AM

mcmoustache wrote: »

There are plenty of things which aren't illegal but would also be considered private.
Gárda: Where are you going?
Member of Public: I'm going to a meeting/meet friends/whatever..

FYP. They aren't actually interested in where you are going. It's just a simple test to judge your reaction to the questions and how you anser them, rather than collecting intel on where you are actually going/what you say.

the groutch · 16-05-2011 12:03PM

Garda: Where are you going?

Me: To your gaff to have my way with yer missus

TheDriver · 16-05-2011 12:07PM

i was in a mates car few years back and we drove up to a big checkpoint, lots of cops but no guard. He slowed down and drove straight through. Naturally down the road cops caught up and started getting annoyed. He said he slowed down because there were people on the road and he was being cautious and in response to not stopping: "because you never put up your hand directing me to stop" and proceeded to ask the Guard if there was a change in procedure he was not aware of. At that point, the guards chatted amongst each other and he thanked my mate for reminding him of procedure.
By the way, my mate was deadly serious and one of these straight down the line guys.

prinz · 16-05-2011 12:13PM

TheDriver wrote: »

i was in a mates car few years back and we drove up to a big checkpoint, lots of cops but no guard. He slowed down and drove straight through. Naturally down the road cops caught up and started getting annoyed. He said he slowed down because there were people on the road and he was being cautious and in response to not stopping: "because you never put up your hand directing me to stop" and proceeded to ask the Guard if there was a change in procedure he was not aware of. At that point, the guards chatted amongst each other and he thanked my mate for reminding him of procedure.
By the way, my mate was deadly serious and one of these straight down the line guys.

Give that man a can of coke, he did the right thing.

hidinginthebush · 16-05-2011 12:59PM

Cereal Rapist wrote: »

I didn't mean it in that sense :pac:

What about poor old Captain Crunch or the Sugar Puff monster!

Reloc8 · 16-05-2011 01:32PM

Please please please please please please please please please do not move this thread to the legal forum.

The definitive answer to the thread question is :-

Yes.

The answer to the question 'do you have to tell him where you're going' is :-

No. But sometimes if you don't he can take further steps such as arrest you.

The answer to the question 'sure why wouldn't you tell a garda where you were going you criminal/hippy ?' is :-

Because I don't want to and I usually don't have to.

That is all.

MagicSean · 16-05-2011 01:46PM

Reloc8 wrote: »

Please please please please please please please please please do not move this thread to the legal forum.

The definitive answer to the thread question is :-

Yes.

The answer to the question 'do you have to tell him where you're going' is :-

No. But sometimes if you don't he can take further steps such as arrest you.

The answer to the question 'sure why wouldn't you tell a garda where you were going you criminal/hippy ?' is :-

Because I don't want to and I usually don't have to.

That is all.

actually if you are within the cordon you have to be able to give a valid reason for being there or you will be removed.

mcmoustache · 16-05-2011 02:03PM

Seanbeag1 wrote: »

actually if you are within the cordon you have to be able to give a valid reason for being there or you will be removed.

That seems quite reasonable. I think people are more concerned about questioning outside of a cordon, though.

Is there any legal obligation to be truthful when asked "Where are you going?" if you are not under arrest?

mcmoustache · 16-05-2011 02:06PM

the groutch wrote: »

Garda: Where are you going?

Me: To your gaff to have my way with yer missus

This is not illegal. The Gárda would need to let you go and wait until he is off-duty before beating the crap out of you.

later12 · 16-05-2011 05:34PM

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?.

I really like this attitude. Sassy!

No on a serious note though, it is to be welcomed. I think it is one of the benefits of living in a state which, in its relatively recent history, often had reason to distrust the dominant authority. The other place I have seen this is in Germany. The German public are often very vigilant about correct procedure in Germany, generally, and the cops are themselves quite pedantic about it.

In our case it probably comes down to our rocky past with British authority, and in Germany it may have a historical link with freedom from the soviets and the end of Fascist authoritarianism.

Anyway, it's a trait I often see in Ireland, and it's a positive thing about living in a relatively young state that public bodies and organisations are usually rather sensitive to and compliant with such criticisms.

AudreyHepburn · 16-05-2011 09:56PM

mcmoustache wrote: »

That seems quite reasonable. I think people are more concerned about questioning outside of a cordon, though.

Is there any legal obligation to be truthful when asked "Where are you going?" if you are not under arrest?

Legally I don't know, although I would have thought there was some obligation on the public to co-operate with the Gardai.

Either way being deceptive or refusing to answer a simple question probably isn't the smartest move to make.

MetalDog · 16-05-2011 10:01PM

If I admit to following the Irish soccer team during Italia '90, will the guards detain me as a dissident? :P

trellheim · 16-05-2011 10:19PM

if we're only talking about the Public Order act 1994. You only have to give your name and address ( but only if the member suspects an offence has taken or is about to take place ).

the only offences under S21 ( control of accessto public events ) is that of failing to obey directions of a member or a sign.

Crossing/leaping a barrier with no sign and no member does not seem to make an offence. Neither does being inside a cordon.

I've nothing against the cordons because I have to live beside the Aviva but the cops won't stop me walking down to the shop and back to me gaff without looking up my ass.

If you want to stop and search find some better legislation.

Captain Renault where are ya.

MagicSean · 16-05-2011 10:31PM

trellheim wrote: »

if we're only talking about the Public Order act 1994. You only have to give your name and address ( but only if the member suspects an offence has taken or is about to take place ).

the only offences under S21 ( control of accessto public events ) is that of failing to obey directions of a member or a sign.

Crossing/leaping a barrier with no sign and no member does not seem to make an offence. Neither does being inside a cordon.

I've nothing against the cordons because I have to live beside the Aviva but the cops won't stop me walking down to the shop and back to me gaff without looking up my ass.

If you want to stop and search find some better legislation.

Captain Renault where are ya.

Section 22?

trellheim · 16-05-2011 11:30PM

That's why I said S21.

Section 22 : He has booze ? or finally

and the person has, or the member of the Garda Síochána suspects with reasonable cause that the person has, in his possession—

(i) any intoxicating liquor, or

(ii) any disposable container, or

(iii) any other article which, having regard to the circumstances or the nature of the event, could be used to cause injury,

then he can stop and search.

The key point there is reasonable cause. it seems to be meant in terms of bringing glass bottles into a rock concert or some such.

So yes, if AGS caught you with a bottle of petrol and a rag in your hand they could legitimately stop and search you, and ask you your name and address. You have to tell them ( and they can make you give them the bottle ). You still haven't done anything wrong and you don't have to tell them anything more.

Likely you've already been arrested under OASA though. Which illustrates that PO 1994 probably the wrong act here.

tightropetom · 17-05-2011 12:46AM

OP the bottom line is this: the Garda asked you a simple question, probably just sussing you out, like everyone else they'd spoken to all night. You gave an answer that suggested you had something to hide instead of saying ANYTHING at all. Therefore the Garda took a bit of time to see if you were just being a douche or acting suspiciously. If you'd given any answer at all or had been remotely friendly, or even (god forbid) asked him how his night was going, he might have just sent you on your way. He may or may not have given a ****e where you were going, but you drew unnecessary attention to yourself and you deserve the (ridiculously minor) inconvienience you got. Get over it - and just give a straight answer to a straight question next time. Lie if you like, they won't really care, or know. No need to take it so personally. Jeez...

Can Gardai ask you where you're going?

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