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Garda questioning during investigation

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  • 16-09-2019 4:19pm
    #1
    Mechatronical
    Registered Users Posts: 109 ✭✭


    Hi all,

    Just wondered if anyone on here has had a similar experience to my girlfriend.

    Just last Saturday an uninhabited house (left idle for a few months at least) about 100m down the road (next door) to my girlfriends house was robbed. On Saturday evening got a knock on the door and it was 2 Gardaí looking for my girlfriend for a few questions.

    The line of questioning in my interpretation was a bit daft. Basically a few months previous to this the postman delivered one of her letters to the address next door (obviously a mixup on the postmans part) and because of this they told her she was a suspect. Some of the other questions were a bit daft asking if she had a bike and how much did she drink tonight and they kept her outside for 20 minutes questioning her.

    They also opened her letter which was marked confidential. Also the female gardai fairly grilled her and then asked for her number a and that she would call her next Friday when she was back on shift.

    I might be interpreting this wrong but how can the Gardaí question somebody this aggressively because of a clear mistake on the postmans part and also are they within their rights to open her letter marked confidential?
    Also is it normal for a Garda to ask for your phone number in this situation and are you obliged to give it?

    I was checking a few websites including citizens info but haven't found any answers yet.

    Cheers.


«1

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    #2
    Credit Checker Moose
    Closed Accounts Posts: 1,226 ✭✭✭Credit Checker Moose


    There is generally no obligation to answer any questions but of course if you don't it will only raise suspicion and may lead to arrest and a trip to the station for a video interview. Even in the station questions can be refused answers. It is only under specific legislation is failure to answer an offence namely The offences against the state act.

    If a person is being treated as a suspect, ideally nothing should be answered until legal advice has been sought.


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    #3
    GerardKeating
    Registered Users Posts: 7,542 ✭✭✭GerardKeating


    Mechatronical wrote: »
    Basically a few months previous to this the postman delivered one of her letters to the address next door
    Mechatronical wrote: »
    are they within their rights to open her letter marked confidential?

    They have no right to open the letter without a warrent, but how did they get the letter, was it the one the postman misdelivered? If so, did she actually see them open it. maybe it was opened after it was delivered to the other house.

    If they opened the letter in her presence, they might have asked her for permission to open it, people sometimes assume they have to say yes, and so give them permission.
    Mechatronical wrote: »
    Also is it normal for a Garda to ask for your phone number in this situation and are you obliged to give it?.

    They are entitled to ask you anything (with in reason) and you are entitled to politly declined to answer.

    There are exceptions to the above, the Road Traffic Act 1961 give them certain powers for example, S30 also.


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    #4
    Witcher
    Registered Users Posts: 14,512 ✭✭✭✭Witcher


    We're definitely not getting the whole story here.


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    #5
    Samuel T. Cogley
    Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    Credit Checker Moose wrote: »
    There is generally no obligation to answer any questions but of course if you don't it will only raise suspicion and may lead to arrest and a trip to the station for a video interview. Even in the station questions can be refused answers. It is only under specific legislation is failure to answer an offence namely The offences against the state act.

    If a person is being treated as a suspect, ideally nothing should be answered until legal advice has been sought.

    On what basis would they be able to arrest someone tangentially and tenuously linked to a burglary?

    Genuine question I'm not saying you're wrong.


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    #6
    Mechatronical
    Registered Users Posts: 109 ✭✭Mechatronical


    GerardKeating wrote: »
    They have no right to open the letter without a warrent, but how did they get the letter, was it the one the postman misdelivered? If so, did she actually see them open it. maybe it was opened after it was delivered to the other house.

    If they opened the letter in her presence, they might have asked her for permission to open it, people sometimes assume they have to say yes, and so give them permission.



    They are entitled to ask you anything (with in reason) and you are entitled to politly declined to answer.

    There are exceptions to the above, the Road Traffic Act 1961 give them certain powers for example, S30 also.

    They opened the letter in the burgled house, it was open when she seen it. Literally the postman delivered post to wrong address and they started questioning her like she was a criminal. We both have are working professionals and never had any issue with the law. I can only think they wanted to pressure here but it still seems bizzare to me.


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    #7
    Grolschevik
    Registered Users Posts: 3,472 ✭✭✭Grolschevik


    Finding a letter addressed to someone at a crime scene could be taken as an indication that that person had been at the scene.


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    #8
    Mechatronical
    Registered Users Posts: 109 ✭✭Mechatronical


    Grolschevik wrote: »
    Finding a letter addressed to someone at a crime scene could be taken as an indication that that person had been at the scene.

    Someone that lives next door even if it is presumably in the hallway underneath the letterbox?


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    #9
    KaneToad
    Registered Users Posts: 3,177 ✭✭✭KaneToad


    Mechatronical wrote: »
    They opened the letter in the burgled house, it was open when she seen it. Literally the postman delivered post to wrong address and they started questioning her like she was a criminal. We both have are working professionals and never had any issue with the law. I can only think they wanted to pressure here but it still seems bizzare to me.

    I wouldn't feel any pressure if a guard found something addressed to me at a crime scene... if I had nothing to do with it. I'd be telling them to shag off, the next time they called.


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    #10
    Dyr
    Registered Users Posts: 23,246 ✭✭✭✭Dyr


    If they just show up at your door, run them and contact a solicitor. Don't answer questions.

    Nobodies life has every been enriched by the Gardai coming into it.


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    #11
    Lmklad
    Registered Users Posts: 433 ✭✭Lmklad


    Bambi wrote: »

    Nobodies life has every been enriched by the Gardai coming into it.


    Bit cynical no?!

    In answer to the OPs questions, judges rules state Gardaí can engage with the public and ask anything they want. They do not need to be answered however.

    As for the letter judges rules also state that Gardaí are obliged to collect all evidence at a crime scene, regardless of whether its used in a prosecution or not.

    They are required to get a warrant to take possession of a letter from An Post but not if it’s at a crime scene and yes they may open it to ascertain whether it’s evidence or not.


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    #12
    Mechatronical
    Registered Users Posts: 109 ✭✭Mechatronical


    Lmklad wrote: »
    Bit cynical no?!

    "In answer to the OPs questions, judges rules state Gardaí can engage with the public and ask anything they want. They do not need to be answered however.

    As for the letter judges rules also state that Gardaí are obliged to collect all evidence at a crime scene, regardless of whether its used in a prosecution or not.

    They are required to get a warrant to take possession of a letter from An Post but not if it’s at a crime scene and yes they may open it to ascertain whether it’s evidence or not.

    Thanks for the response, didn't know they could open if it marked confidential. With regards to questioning, some of the questions that they asked in my opinion didn't seem to have any relevance to the burgled house. Im assuming them asking her how much she had to drink was to do with her state of mind at the time of questioning.
    Other questions about if she had a bike and where she was on a specific date 5 months ago were strange.

    Just find it hard to believe your made a suspect over a postmans mistake when you've never been in trouble with the law and also the extent they questioned her and the way they questioned her seemed to be very aggressive. To me it looks that they have no evidence from the burgled house (they didn't tell us anything really, what was burgled or what happened) and are just going on a mis-delivered letter. We have nothing to worry about as other posters suggest but just gives me a lack of faith in the Garda that they are grilling people like this and then other stuff is being let go.

    Thanks to all who replied so far, its nice to get on perspective on this.

    Hopefully won't get anymore visits from them but if we do and they question her that aggressively again and in my opinion intimidate her id be very tempted to ask for their names cause I wouldn't be patient enough to listen to it again. They have a right to question but I/She assume we also have a right to complain if they are acting unfairly and over-aggressive which I felt they were the last day.


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    #13
    Mechatronical
    Registered Users Posts: 109 ✭✭Mechatronical


    On a separate point, how do we get her letter back?

    Do we have to wait until the investigation is over or whats the story with that?


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    #14
    Victor
    Registered Users Posts: 78,281 ✭✭✭✭Victor


    Mechatronical wrote: »
    On a separate point, how do we get her letter back?

    Do we have to wait until the investigation is over or whats the story with that?

    In the short term, ask for a copy of the letter. If they won't give you this, talk to a solicitor.


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    #15
    80j2lc5y7u6qs9
    Closed Accounts Posts: 957 ✭✭✭80j2lc5y7u6qs9


    Mechatronical wrote: »
    Hi all,

    Just wondered if anyone on here has had a similar experience to my girlfriend.

    Just last Saturday an uninhabited house (left idle for a few months at least) about 100m down the road (next door) to my girlfriends house was robbed. On Saturday evening got a knock on the door and it was 2 Gardaí looking for my girlfriend for a few questions.

    The line of questioning in my interpretation was a bit daft. Basically a few months previous to this the postman delivered one of her letters to the address next door (obviously a mixup on the postmans part) and because of this they told her she was a suspect. Some of the other questions were a bit daft asking if she had a bike and how much did she drink tonight and they kept her outside for 20 minutes questioning her.

    They also opened her letter which was marked confidential. Also the female gardai fairly grilled her and then asked for her number a and that she would call her next Friday when she was back on shift.

    I might be interpreting this wrong but how can the Gardaí question somebody this aggressively because of a clear mistake on the postmans part and also are they within their rights to open her letter marked confidential?
    Also is it normal for a Garda to ask for your phone number in this situation and are you obliged to give it?

    I was checking a few websites including citizens info but haven't found any answers yet.

    Cheers.
    i would not answer any questions in this situation. if arrested i would make no comment until i had seen a solicitor and probably none after either. If the bullied me i would complain them. A good thing if asked a question is to asked if you are obliged to answer and under what law


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    #16
    Uncle Charlie
    Banned (with Prison Access) Posts: 200 ✭✭Uncle Charlie


    By asking you questions they are only trying to incriminate you.

    When getting interrogated by the police its best to remember the 5 words "I have nothing to say".


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    #17
    Infernal Racket
    Registered Users Posts: 1,418 ✭✭✭Infernal Racket


    Look up the Judge's Rules. A Guard can ask any question for any reason. Whether or not you choose to answer is up to you


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    #18
    SilverKrest
    Registered Users Posts: 64 ✭✭SilverKrest


    The job of the lower rank police is to charge people with a crime in spite of what they say.. not necessarily solve the crime. Do not talk to the police in any circumstance without first seeking legal council.
    The charge sheet is what earns police credibility in public view, not spending hours and police resources on seeking the actual truth. They might 'just want to have a chat to clear up a few things' but they'll soon be literally putting words in your mouth and twist things to discredit your genuine alibi etc.
    Very prevalent in Uk as well


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    #19
    GM228
    Registered Users Posts: 8,925 ✭✭✭GM228


    SilverKrest wrote: »
    The job of the lower rank police is to charge people with a crime in spite of what they say.. not necessarily solve the crime. Do not talk to the police in any circumstance without first seeking legal council.
    The charge sheet is what earns police credibility in public view, not spending hours and police resources on seeking the actual truth. They might 'just want to have a chat to clear up a few things' but they'll soon be literally putting words in your mouth and twist things to discredit your genuine alibi etc.
    Very prevalent in Uk as well

    The part in bold is the only part of the post which is not a load of rubbish.


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    #20
    80j2lc5y7u6qs9
    Closed Accounts Posts: 957 ✭✭✭80j2lc5y7u6qs9


    Gerry G wrote: »
    Look up the Judge's Rules. A Guard can ask any question for any reason. Whether or not you choose to answer is up to you
    many do not know that and garda take advantage of it sometimes


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    #21
    80j2lc5y7u6qs9
    Closed Accounts Posts: 957 ✭✭✭80j2lc5y7u6qs9


    GM228 wrote: »
    The part in bold is the only part of the post which is not a load of rubbish.
    Anyone who thinks a garda is 'having a chat' with them is on a highway to delusion


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    #22
    80j2lc5y7u6qs9
    Closed Accounts Posts: 957 ✭✭✭80j2lc5y7u6qs9


    SilverKrest wrote: »
    The job of the lower rank police is to charge people with a crime in spite of what they say.. not necessarily solve the crime. Do not talk to the police in any circumstance without first seeking legal council.
    The charge sheet is what earns police credibility in public view, not spending hours and police resources on seeking the actual truth. They might 'just want to have a chat to clear up a few things' but they'll soon be literally putting words in your mouth and twist things to discredit your genuine alibi etc.
    Very prevalent in Uk as well
    in the days before they could arrest you to question they could only arrest to charge so would invite people to have a chat - helping the gardai with their enquiries- and when the got the info from the chat would charge them. When you have a chat with a garda keep your mouth shut


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    #23
    BnB
    Registered Users Posts: 1,080 ✭✭✭BnB


    Bryson Fat Meal wrote: »
    i would not answer any questions in this situation. if arrested i would make no comment until i had seen a solicitor and probably none after either. If the bullied me i would complain them. A good thing if asked a question is to asked if you are obliged to answer and under what law

    Why?

    If you have done nothing wrong, then just answer the bloody questions so the Gardai can rule you out and move on with the investigation. By being a twat as you have suggested above, all you are doing is holding up the investigation.

    If a burglary happened next door to me, my priority would be to see that is is solved as soon as possible in case my house is next. If answering some questions to rule myself out of the suspects is part of that process, then let's get it over and done with as soon as possible.


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    #24
    Shelflife
    Registered Users Posts: 3,073 ✭✭✭Shelflife


    If you dont answer questions they have to build a case a case against you from scratch.

    If you answer questions then they have something to catch you out on.

    So you answer questions, have you ever being in the house ? no ! do you mind if we take fingerprints to exclude you from our enquiry - no problem work away. Did ye get on? not really we kept to ourselves.

    Say they subsequently find your finger prints on a chair that you forgot that you helped your neighbour with 3 years ago when they moved in but ye fell out with each other shortly afterwards.

    So now the guards have your prints inside the house that you said you never were in and that ye didnt get on with each other !

    If you say nothing, they are unaware that ye fell out and they have no prints to match yours with.


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    #25
    kippy
    Registered Users Posts: 18,429 ✭✭✭✭kippy


    The level of delusion on this thread is worrying.
    Be honest with the guards if you have nothing to hide. Answer whatever questions they have for you. Especially in these circumstances.
    As for the guards never making a person better for their presence, nonsense and a slur on all decent Gardai out there.


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    #26
    Infernal Racket
    Registered Users Posts: 1,418 ✭✭✭Infernal Racket


    kippy wrote: »
    The level of delusion on this thread is worrying.
    Be honest with the guards if you have nothing to hide. Answer whatever questions they have for you. Especially in these circumstances.
    As for the guards never making a person better for their presence, nonsense and a slur on all decent Gardai out there.

    Very true. Most people have absolutely no idea what a guards job entails. They see a guard doing a checkpoint and they call them revenue collectors. They don't see the levels of intelligence gathered from a checkpoint, stopping criminals, finding out what cars they're driving, searching them and generally pissing them off. The general public haven't a clue but somehow they're all experts on law and order


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    #27
    Uncle Charlie
    Banned (with Prison Access) Posts: 200 ✭✭Uncle Charlie


    kippy wrote: »
    The level of delusion on this thread is worrying.
    Be honest with the guards if you have nothing to hide. Answer whatever questions they have for you. Especially in these circumstances.
    As for the guards never making a person better for their presence, nonsense and a slur on all decent Gardai out there.




    You're away with the fairies if you think its a good idea to answer Garda questions just because you have "nothing to hide".


    Just ask Garda Maurice McCabe how he got on when he had nothing to hide.


    If someone like McCabe can be fitted up imagine what they would do to the ordinary Joe Soap who is not a Garda.


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    #28
    Uncle Charlie
    Banned (with Prison Access) Posts: 200 ✭✭Uncle Charlie


    Bryson Fat Meal wrote: »
    many do not know that and garda take advantage of it sometimes




    For the Gardas its all about "getting a result" regardless as to who happens to be in the wrong.


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    #29
    Glass fused light
    Registered Users Posts: 1,576 ✭✭✭Glass fused light


    BnB wrote: »
    Why?

    If you have done nothing wrong, then just answer the bloody questions so the Gardai can rule you out and move on with the investigation. By being a twat as you have suggested above, all you are doing is holding up the investigation.

    If a burglary happened next door to me, my priority would be to see that is is solved as soon as possible in case my house is next. If answering some questions to rule myself out of the suspects is part of that process, then let's get it over and done with as soon as possible.

    And after you had a nice chat and are charged and have to explain to the nice solicitor why you admitted to being the shooter on the grassy hill in Texas you may realise that answering the questions and ruling yourself out of an investigation are not one and the same thing.


    The OPs girlfriend has peeked the interest of the Gardai and until she understands why she is better off keeping her answers to herself.
    She spoke for 20 min and only remembers questions about the unopened letter, owning/using a bike and how much she had to drink that's a 3-5 min conversation what else was discussed


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    #30
    Mr. Incognito
    Registered Users Posts: 9,798 ✭✭✭Mr. Incognito


    If you were at your front door tell them that you have dinner on and leave their card and you will be happy to give them a call after.

    They cannot enter your house without a warrant.

    Most rank and file guards are decent people but a few are not the brightest and have seen too many copy shows, particularly the younger ones.


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    #31
    80j2lc5y7u6qs9
    Closed Accounts Posts: 957 ✭✭✭80j2lc5y7u6qs9


    BnB wrote: »
    Why?

    If you have done nothing wrong, then just answer the bloody questions so the Gardai can rule you out and move on with the investigation. By being a twat as you have suggested above, all you are doing is holding up the investigation.

    If a burglary happened next door to me, my priority would be to see that is is solved as soon as possible in case my house is next. If answering some questions to rule myself out of the suspects is part of that process, then let's get it over and done with as soon as possible.
    did you not read the op? the cops are pressuring her keeping her outside for 20 mins. if you want to answer questions go ahead. i wouldn't.


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