Guards and their rights

They have the power of detention and search.

They are also expected to use that discretion with some common sense.

I would have noted the guards number on his lapels and reported him. On it's own it's no small thing but I'm sure the record will clock up if he keeps behaving like a dick.

The guard has to state under which "act" they are searching you under, they have to have reasonable grounds (but that's could really be anything), i think you can refuse, but you'll be arrested instantly.
If the story is exactly as your friend states (usually it isn't), then the garda was a toolbag.

LighterGuy wrote: »

Sooner than I expected :pac:

I was in the neighborhood.

AFAIK, they have to give a reason for the search or ask you. Regardless, I would refuse, I like to make **** awkward for people who think they can go through my pockets,

dorgasm wrote: »

Well I forgot to mention, my friend wasn't alone. Another one of my friends was there too but wasn't being questioned as intensely. Neither of my friends were drinking so I'm inclined to believe them, but I understand your point. When the guard stuck his hand in my pocket, my friend did say something along the lines of "Get your hand out, you can't do that", that's when the guard got thick with him.

Was it you or you "friend", changing story now are we??? You sound guilty to me, you were out molesting cats again, weren't you?

Emm as bad as they are at home... Ya want to see the bunch of pull bags over here!!! they are pure scum no way would i let one of them put his hand in my pocket here you could be sure he would put something in your pocket and prob cost you 40.000baht (1000euro) to pay the cu*t off... in fairnest in ireland they are not too bad well most of them anyway they have rules they must obey or you could go to the super or the ombudsman.. here there is no law if your a falang you must pay!! yes its a lovely paradise cheap great weather good roads great hospitals but its run by a pack of monkeys:D

I'd say that's almost definitely grounds for a complaint. I'd absolutely advise your friend to make one, link below.

They have to have a reasonable suspicion that you are actively involved in doing something illegal. In this case that sounds highly unlikely.

Also, the fact that he actually stuck his hand in your friend's pocket without explaining himself or clarifying first definitely sounds like something he shouldn't have done.

http://www.citizensinformation.ie/en/justice/arrests/powers_of_search.html

A garda can ask you to stop at any time. In certain circumstances, such as when you are driving, you must stop if asked to by a Garda. A garda can search you, without your consent, if the garda has reasonable suspicion that you have committed an offence. This includes people under the age of 18. The Garda should tell you why you are being searched.

It's the fact that this was done without explanation or indication that makes it dodgy. That's definitely not allowed.

http://www.gsoc.ie/ - Tell your friend to fill out the form on this website and see where it gets you. In cases like this it's obviously incredibly hard to prove anything, one person's word against another, but if they do decide to investigate it, being investigated for it might at least make this guy think twice before doing something like that again to someone else.

EDIT: In before I once again get accused of police bashing for expecting them to stick to the rules :rolleyes:

I doubt the story as you've told it, like others have said there's the story and then there's the truth. But if they believe strongly enough that they were harrassed for no reason then thats what the Ombudsman Commission are for.

I was walking home very early one morning recently, having blown my brains out on lovely sticky weed in my friends place, about a month ago.
A Garda car rolled up beside me, i aproached the car, removed my hat and said 'hiya lads'. They asked me where I was coming from, and I told them I was on the way home from a friends place, and en-route straight home. They replied 'sorry, we thought you were someone we know' I said 'Is that something I should be worried about?' (laughing). They replied, 'No, not to worry' and off they went.

Now, if it wasn't obvious to them I was stoned out of my bin, they are not much use as Guards. Nevertheless, it didn't impinge on my civil rights. They drove away, and I stumbled home. No Drama.

I respect the Guards. I wouldn't do their job for any money.