Car searched by Garda

kevinmcc

I was out driving yesterday when I seen a Garda car coming behind lights going passing out cars. So as you do I pulled into the hard shoulder to let it past, only it pulled in behind me! The garda first of all asked me for my licence which I didnt have on me and then asked for ID. He then told me he was searching me for drugs, took me to the back of the car, made me empty my pockets, open the boot and done a body search. He then went into the car, went through my school bag, glove compartment etc.

Now all as I am for them trying to combat drugs, surely some of what he did was illegal. Firstly as far as I'm aware the Gardai have to suspect you to be carrying drugs yet when I asked him why did he stop me he said that he pulls a few lads everyday to check. Another thing was I had various documents relating to accounts and work and things, he noseyed through these and even had cheek to ask me questions about them. He did appear to be a complete twat, asking me if there were many drugs about the college I went to :rolleyes:

TheNog

The guard must have a reasonable suspicion that there may be drugs or drug use in your car. However the guard may have a done a check on your car reg and it could have been used to use, sell or transport drugs by the previous owner. another possibility is that someone may have reported your car or one similar to it acting suspiciously in the area.

tbh the possibilities are endless

C_Breeze

A car being searched for drugs is not that unusual.. but from the latter part of your post it does sound like it was carried out very unproffesionaly

OldmanMondeo

kevinmcc wrote: »

Another thing was I had various documents relating to accounts and work and things, he noseyed through these and even had cheek to ask me questions about them. He did appear to be a complete twat, asking me if there were many drugs about the college I went to :rolleyes:]

Probably to check you done your home work right...

Could have been checking to make sure the property was yours and not stolen

Is your car japanese or german?

kevinmcc

He said though that he does this everyday to a few cars along the stretch of road, so surely that makes it illegal, as he is stopping cars without suspicion?

mox54

bit of a grey area, who's to say he wasn't suspicious of your car, he says he was and any judge isn't going to disagree so you're judgement means nothing! sorry but I wouldn't challenge it!

jimi_t

Is it my imagination or do they not need a warrant to search a car now - and that they have to tow it down to the station?

prendy

no...if they have reson to they can perform a search on the spot.

keefg

Do the gardai have to tell you their reason for a stop search? Or can they just do what they like?

What would happen if you refused a search if you wern't given a decent reason at the roadside?

Marcus.Aurelius

As long as he has reasonable grounds for suspicion, he can search your car if he so decides.

If you refuse to have your car searched, you might very well be arrested, it is an offence, but I imagine the penalty for it is quite small, if any, especially if your car is indeed clean of drugs.

Unprofessional morons are the bane of all jobs OP, sorry to hear you had to get it in the neck from one.

kevin123123

Under Section 23 of the Missuse of drugs Act, they have every right. maybe they checked the reg out and it has some history before your time,refusing to let them search it will land you up in the station where you will be searched anyway and your car, so whats the point.

fletch

Could you not request that your solicitor be present? What's to stop them planting drugs on the car?

Santa Claus

I thought there was something about if you boot or glove compartment was locked then they needed a warrant to search it.

As for the garda pulling random cars along the stretch of road, there are targets to be met in the war on drugs on searches etc so could be just a lazy garda or maybe that particular road is a known spot (I know the road coming out of dublin port used to be a favourite spot for random searches).

keefg

kevin123123 wrote: »

so whats the point.

No point at all, I was just wondering if anyone knew what a drivers rights were in this situation & playing devil's advocate.

If you were told that it was a regular location for stop checks or your car plate came up on the police computer because of a previous owner then fair enough - if you are a normal Joe Soap with nothing to hide, let them get on with it and be on your way.

On the other hand lets just say you asked why you were being searched and the guard said "Because I said so" or "Because I feel like it" or was generaly acting like a t*sser and you refused - where it would lead? If you were arrested and you made a complaint for wrongfull arrest would you have a case?

Any guards on here? What would you do?

Stephen

I imagine it would end up as your word vs his, and you'd lose.

*Tripper*

What car do you drive?

Potential-Monke

Firstly, what car do you drive?

Secondly, any Garda can stop you and search your car by saying "I have reasonable grounds for suspecting that there is a controlled substance (drugs) in your possession" or something to that effect. But, they don't have to give you the reasonable grounds. But you can take it to court and they have to then give the reasonable grounds.

Majority of the time they will say "received a phonecall about a suspicious car matching the cars description".

TestTransmission

About a year ago,the same thing happened me.
There was a car crash on the road,and a garda was directing traffic.
He told me to pull into the side of the road,my cousin and i were both searched.He also searched the whole car,he said that it was under provision of the control of illegal substances.Ive never been involved with drugs,so it may of just been random.I asked a friend of mind who is a Garda,he explained that the Garda had complete rights to do what he did,it happens quite regularly apparently

Kernel

*waaah waaaah* the country is riddled with crime, the Guards are doing nothing to fight crime....

*waah waaaah* the Guards pulled me over and searched my car, thus inconveniencing me for 5 minutes......

OP: Do you know the history of your car? I support the Garda war on terror, and it's good to see some proactive work to keep our streets safer.

skelliser

driving without your driving license is an offence i think so then he can search your car to find out are u the owner etc.

what car do you drive? is it supped up? boy racer car?
if so that is your reason he searched your car

Potential-Monke

Kernel wrote: »

*waaah waaaah* the country is riddled with crime, the Guards are doing nothing to fight crime....

*waah waaaah* the Guards pulled me over and searched my car, thus inconveniencing me for 5 minutes......

OP: Do you know the history of your car? I support the Garda war on terror, and it's good to see some proactive work to keep our streets safer.

THats the thing, i'd love to see as many people and cars as possible being searched, but some whiney biatches saying that their "rights" are infringed! Yet these same people moan about crime!!! Sickens me...

keefg

jackncoke wrote: »

I asked a friend of mind who is a Garda,he explained that the Garda had complete rights to do what he did,it happens quite regularly apparently

Fair Enough, just wondering.

Good to know really, I suppose that's how they have managed some large drug hauls recently from what appear to be random stop checks.

I would have no problem being searched but I would object to some t*sser cop (I am sure they are in the minority) giving me a hard time or treating me like a crim for no reason.

Savman

I fail to see what the bid idearr is here exactly. You're in a piece of metal that can be used to transport anything anywhere in the country to do all sorts of bad deeds. It's par for the course when you've got scumbags going around ferrying shotguns and whatnot.

I've been randomly stopped a few times, they have never searched my vehicles in that manner but they're welcome to it anytime. Generally I find if you're a normal "Joe Soap" and know how to answer simple questions in a civil manner, they'll send you on your way. Has to be a total waste of their time searching cars needlessly, so don't give them a reason and they won't bother.

OP, have you something to hide?

unkel

kevinmcc wrote: »

I had various documents relating to accounts and work and things, he noseyed through these and even had cheek to ask me questions about them

That's not cheeky, nor is it unprofessional. Semi small talk and simple questions are a key method to expose something dodgy. Is the person under the influence of something, starting to sweat, being incoherent, inconsistent, etc. etc.

Hence the "where you from", "where you going" etc. questions Gardai ask at checkpoints

Savman wrote: »

Generally I find if you're a normal "Joe Soap" and know how to answer simple questions in a civil manner, they'll send you on your way

Exactly my point. No suspicion raised in any way. Even with a minor offence committed, you might very well get away with it.

Potential-Monke

Adding to the last point unkel made there, the Gardai don't want to be prosecuting or fining the decent people fo minor things, and they will leave alot of these people off if they show a bit of respect.

Good example (hopefully the person in question isn't here): a person was stopped recently for doing 136kph in a 100kph zone. The Garda took the details and tol him what was going to happen. He then went back into his patrol car. The person he stopped then got out, went back to the patrol car, and starting giving out like stink! He said that he was the partner of a high class law firm, and does he know who he just stopped, etc, etc. What did he think was going to happen here? He's very lucky the Garda didn't arrest him for insulting/abusive behaviour!

the GALL

Kernel wrote: »

*waaah waaaah* the country is riddled with crime, the Guards are doing nothing to fight crime....

*waah waaaah* the Guards pulled me over and searched my car, thus inconveniencing me for 5 minutes......

OP: Do you know the history of your car? I support the Garda war on terror, and it's good to see some proactive work to keep our streets safer.

GARDA WAR ON TERROR..... MOST DRUG DEALERS IF YOU PUT IT TO THEM THEY'LL FOLD IF YOUR MIXING WITH THOSE THAT DONT FOLD WELL YOUR MOVING IN THE WRONG CIRCLES.....GARDA WAR ON TERROR ME ARSE TO MUCH TJ AND TJ

blastman

Potential-Monke wrote: »

THats the thing, i'd love to see as many people and cars as possible being searched, but some whiney biatches saying that their "rights" are infringed! Yet these same people moan about crime!!! Sickens me...

Yeah, why don't we just arrest everybody, and when you can prove you have done nothing wrong, you're free to go home.

:rolleyes:

Potential-Monke

I'm not on about being arrested, i'm on about being searched... so :rolleyes: to you good sir!

unkel

the GALL wrote: »

GARDA WAR ON TERROR..... MOST DRUG DEALERS IF YOU PUT IT TO THEM THEY'LL FOLD IF YOUR MIXING WITH THOSE THAT DONT FOLD WELL YOUR MOVING IN THE WRONG CIRCLES.....GARDA WAR ON TERROR ME ARSE TO MUCH TJ AND TJ

Yeah right :rolleyes:

Read the charter before you post here again mate

Feelgood

This is amazing.....random drug checks.....Though if you need a cop in Ardee, Co Lu after 12:30am you have to ring Navan and it takes them about 4 hours to get there....

Yet they have guys driving up and down the road stopping random students...excellent truly excellent...what a country....:rolleyes: