Don't know where else to post this

One eyed Jack · 30-09-2015 11:40AM

asherbassad wrote: »

What the fuck is wrong with you?

If the cops have nothing to hide they've nothing to fear, right?

At the risk of pointing out the obvious, but wouldn't that apply to the OP moreso than the Gardaí? The Gardaí are in a position of authority to question the OP. It just doesn't really work the other way round... as the OP quickly found out :pac:

[Deleted User] wrote: »

This crowd were particularly dangerous, they built a fake Garda Station!

Bloody brilliant!

Jawgap · 30-09-2015 11:41AM

tonto24 wrote: »

He already said he had the phone in his hand.

Nope.

What he said was "As soon as I take my phone out they put me in a choke hold while putting cuffs....."

30-09-2015 11:42AM

asherbassad wrote: »

And that's the very reason why people like you shouldn't be in charge of anything.

But maybe he knows the issues here.

Did you figure out if...:D:D...if a sear...:D:D:D...if a search warrant is needed for a sto...ah sorry...I'm laughing again...:D:D

asherbassad · 30-09-2015 11:42AM

Hank Scorpio wrote: »

Whatever I regret posting this now

Don't listen to the clowns on here who think the cops can do no wrong and are well within their rights to punch up anyone who doesn't kiss their arses and cower in fear.

bucketybuck · 30-09-2015 11:43AM

LexieOnRale wrote: »

you have someone back answering, refusing to co operate and threathening to record them just doing their job.

And lets be honest, all of that is what your typical garden variety scumbag would do when dealing with the police. I'm not calling the OP a scumbag at all, but if you act like one at 3 in the morning don't be surprised if the police can't tell the difference.

SEPT 23 1989 · 30-09-2015 11:48AM

A hood up in the early hours of the morning is like a red rag to a bull for them

Little CuChulainn · 30-09-2015 11:58AM

Pat Mustard wrote: »

Nope:

Pat, you are better than that. Posting only small extracts of legislation that kinda prove your point is II level argument.

Anyway op, I didn't notice if you mentioned any criminal proceedings against you. Sounds like you were arrested under the public order act so, if you weren't charged, you may be getting an adult caution or a fixed charge penalty for a breach of Section 4 of the Act. There are other possibilities, such as a summons for failing to give your name or obstructing a peace officer but it's really impossible to predict.

In future, if you are not sure of your rights you should probably err on the side of caution. Even if you are reasonably sure or positive it's probably best to comply but make it clear you are doing it under protest. You can always follow up with a complaint and a civil suit. There aren't many cases were police will engage in a debate on the finer points of law with a suspect in the street. The chances of you changing their mind is slim at best. And if you are wrong then you are adding more charges to what would probably be nothing more than a minor inconvenience.

For what it's worth, a guy walking down a road at 3am with his hood up near the location of a crime is always going to be stopped. This is completely legal. Depending on the crime involved, it is likely the Garda had a power to compel your name and address from you. He might have given you a bit more time to give it over if you hadn't whipped out the camera but he wasn't really obliged to give you any time at all to consider his demand so it's not really an issue.

If you are unhappy with the way you were arrested then you should make a complaint to GSOC. I will tell you from experience though that what you remember may not be how things happened. It's not a rare occurrence for someone with drink on them to remember things a certain way until they see the cctv footage. But if you are sure things happened as you remember then make the complaint. A choke hold shouldn't really be required unless you are a big strong fella who refuses to be cuffed. Even then, it's not something I've ever seen used.

Hyzepher · 30-09-2015 12:02PM

The real question is whether the guards have the right to treat someone like this for being "smart"?

Should we answer Garda questions and co-operate - absolutely, every time.

Should the Guards react if they meet a stubborn citizen - absolutely not.

By the book the OP did nothing wrong. refusing to give a Guard your name or permission to search is not immediately an offense. The Guards would have to inform the OP that he was under suspicion and they were acting on that.

As a Guard you just can go around asking people for ID and searching them, even if 90% of people would allow it. If the OP doesn't want to give a name or be searched then it's up to the Guards to inform him why he is compelled to do so.

Does the OP need to cop on - yes.
Did the Guards need to show more restraint - yes

But don't make the mistake that our rights are removed just because a Guard asked you to do something you don't want to do

asherbassad · 30-09-2015 12:02PM

Fozzie Bear wrote: »

No one asked you to bend over. All they asked was your name. Why not be curtious and reply with your name?? You immediately went on the defensive with them, like, I dunno, somebody with something to hide. Refused to co-operate in any way shape or form and then decided to get the camera phone out. Why in Gods name did you feel threatened or intimidated? They are 3 Gardai in a marked squad car in the middle of Kilkenny asking you your name. Not 3 gang bangers in the Bronx. Did you think they were going to steal your money or something? FFS, seriously?!

What did you expect the Garda to do from that point on ward apart from arrest you until the could be satisfied you were not a burglar?

Maybe they shoud have asked your name again and say "pretty please" this time in the hope you would just answer him? Maybe wait for you to get the camera phone out, get the camera function on, switch over to video and then point it in his face? Maybe just let you walk off without knowing who you are or where you are coming from?

How would I or most people react?

Well right after the Garda mentioned there had been burgalries in the area (hence why they stopped a lone guy with a hoodie up walking down the street at 3am on a random Tuesday night) and asked me my name, I'd have told him my name. Then when he asked could he search me I'd have said sure but by the way I have a grand in winnings from the casino, shown my memebership card, receipts, whatever proof I had on me and mentioned that the CCTV in the casion will no doubt prove this also.

After all this I would have made my way to Supermacs, had a burger and chips and went home to bed still buzzing from having won a grand earlier.

It would have made a good story even greater to tell my mates over a pint this weekend that I won a grand and almost got nicked by the Gardai afterwards (ha ha). But instead you are on here moaning about getting yourself arrested with the usual defenders of freedom spouting crap and telling you to complain to all and sundry. No point because you have not got a leg to stand on.

So basically what you're saying is that someone who acts in a way that is within their rights then they are an asshole who deserves to be assaulted.

tonto24 · 30-09-2015 12:08PM

Jawgap wrote: »

Nope.

What he said was "As soon as I take my phone out they put me in a choke hold while putting cuffs....."

kneemos wrote: »

It's when he went for his pocket that they used force,being smart just made them suspicious I'd imagine.

Hank Scorpio wrote: »

Wrong I said I want to record this because I don't feel safe. I had the phone in my hand and flipped it to open the camera that's when I got choked

He also said that.

30-09-2015 12:09PM

asherbassad wrote: »

Don't listen to the clowns on here who think the cops can do no wrong and are well within their rights to punch up anyone who doesn't kiss their arses and cower in fear.

You have littered your posts with swearing and abuse of other posters, calling them clowns, sneering at what you suggest is their ignorance.

Only one poster here, on either side of the issue, thought a search warrant was needed for a stop and search.

That was you.

It's still the funniest contribution here mind you!

kneemos · 30-09-2015 12:12PM

tonto24 wrote: »

He also said that.

The op says he went to take out his phone.

jimgoose · 30-09-2015 12:13PM

"Bate the shít out of 'em", my mother would say. "Bate the living lard out of 'em", she'd say, "And then do it again, just in case they've forgotten!". The older I get, the more I'm inclined to agree with her, even if I'm not quite certain who exactly she means. :pac:

asherbassad · 30-09-2015 12:14PM

Kev W wrote: »

Now you're being ****ty to someone who's trying to help you.

Aren't the cops PAID to help him? Protect him?

He was afraid and wanted to record what was about to happen and his fears were justified because they did indeed end up hurting him.

Kev W · 30-09-2015 12:17PM

asherbassad wrote: »

Aren't the cops PAID to help him? Protect him?

He was afraid and wanted to record what was about to happen and his fears were justified because they did indeed end up hurting him.

What's your point? in relation to my post that you quoted, that is?

Pat Mustard · 30-09-2015 12:17PM

JazzyJ wrote: »

Eh there is more to that section... so if you're suspected of committing an offence you can be asked for your name and address.

Little CuChulainn wrote: »

Pat, you are better than that. Posting only small extracts of legislation that kinda prove your point is II level argument.

Okay, I put that badly but look at the section:

(a) demand the name and address of any person whom the member suspects, with reasonable cause, has committed, or whom the member finds committing, such an offence, and

The member can demand the name and address of a person who he suspects has committed or whom he finds committing an offence under the public order act (ss. 4 , 6 , 7 , 8 , 11 , 13 , 14 , 15 , 16 , 17 , 18 or 19 .)

At the least, there should be reasonable cause for suspicion of commission of one of the above offences to demand the name and address.

Agent Smith's post was put in such a way as to lead one to believe that a person would have to give their name and address to a Garda as a matter of course, which is not the case. That was the point that I had intended to make.

asherbassad · 30-09-2015 12:20PM

Cee-Jay-Cee wrote: »

You refused to give your name.
You refused to allow yourself to be searched.
You went to take something out of your pocket just as you were about to be searched, for all they knew it could have been a knife or gun.

You were a total dick and deserved everything you got.

Stop embellishing. He didn't go to take something out of his pocket. He had already taken his phone out and told them he want to record what was going on. That's when they went for him.
So your knife/gun nonsense is bullshit right there.

crazygeryy · 30-09-2015 12:21PM

SEPT 23 1989 wrote: »

A hood up in the early hours of the morning is like a red rag to a bull for them

Maybe his ears were cold.

AudreyHepburn · 30-09-2015 12:21PM

Kev W wrote: »

You don't know what is then.
They couldn't have known he had the cash on him so that's irrelevant.

Fair enough, I misread that bit then.

But he was acting strangely, he did refuse to cooperate and he was dressed in a such a way that he could have taken to be a person of certain character.

The Gardai did their job, nothing more.

Little CuChulainn · 30-09-2015 12:22PM

asherbassad wrote: »

Stop embellishing. He didn't go to take something out of his pocket. He had already taken his phone out and told them he want to record what was going on. That's when they went for him.
So your knife/gun nonsense is bullshit right there.

Yeah it doesn't sound like they arrested him for going for the pockets, it's more likely they decided not to humour him any more when he whipped out the phone.

30-09-2015 12:26PM

There is one thing we must remember. Unlike the Gardai, the OP has conceded certain issues, he had drink taken, his reaction was inappropriate...

Hank Scorpio wrote: »

I was walking home tonight and felt intimidated and reacted in a defensive way. I didn't raise a hand to anyone. I could of reacted better but I know I did nothing wrong...

The case against the Gardai is not off to a great start.

asherbassad · 30-09-2015 12:26PM

JustTheOne wrote: »

It's ridiculous. Gards ask you a question. Hold on I'm taking out my I phone to record this.

As if these people wouldn't kick up a fuss if someone start recording them carrying out their everyday work.

Idiotic.

Kicking up a fuss is one thing but if you were recording me and I assaulted you, would you take the beating? Would I be in the wrong for beating you?

asherbassad · 30-09-2015 12:27PM

Shepard Wonderful Stepchild wrote: »

Morning Guard. Yes, I have the hood up because I'm cold. I'm just coming from the casino and going for some food.
Robberies? Just as well you're here so because I've my winnings with me.
Search? Sure, all I've on me are my winnings.

What was so hard about that?

Yes sir no sir three bags full sir.

You're a good little epsilon.

jimgoose · 30-09-2015 12:28PM

asherbassad wrote: »

Yes sir no sir three bags full sir.

You're a good little epsilon.

How old are you?

asherbassad · 30-09-2015 12:28PM

Jawgap wrote: »

Dark night, coppers out chasing robbers, find a guy who fits the description, stop to question guy who is evasive before reaching to take something out of his pocket!!!!

Yeah, there's only one way that's going to end. Anyway, thankfully you were in Ireland, dealing with the Guards - try that in a country with an armed police force (especially somewhere like 'Murica) and you'd be in no fit state to type anything.

By all means go to a solicitor, but if it was me I'd take the €150 the consult will cost you and go back to the casino - at least there you'll have a better chance of coming away with something.

Since when did they say they had received a report of a robbery and that the OP "fit the description"? Are you just making sh1t up?

Little CuChulainn · 30-09-2015 12:31PM

asherbassad wrote: »

Since when did they say they had received a report of a robbery and that the OP "fit the description"? Are you just making sh1t up?

This is what the op said

Hank Scorpio wrote: »

One of them says there's been robberys around tonight recently and he wants to search me.

Barely There · 30-09-2015 12:32PM

asherbassad wrote: »

Yes sir no sir three bags full sir.

You're a good little epsilon.

I'm sure your method of dealing with the Guards is far better.

bucketybuck · 30-09-2015 12:34PM

Barely There wrote: »

I'm sure your method of dealing with the Guards is far better.

I suspect there would be spittle involved.

30-09-2015 12:34PM

Yeah, if a Gardaí asks for your name, there's an obvious reason for it. Just give them your name, answer whatever other questions they'd like to ask. We're only hearing one side of the story, so for all we know the OP might have acted aggressively and the Gardaí acted in due response.

Barely There · 30-09-2015 12:39PM

bucketybuck wrote: »

I suspect there would be spittle involved.

And maybe a good dollop of sass.

But ultimately the Guards would learn the truth, that this is one mean street-smart hombre with whom it's very wise to not fcuk with.

Cops respect that.

Don't know where else to post this

Comments