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"Random Drug Search"

  • 11-06-2011 1:33am
    #1
    Registered Users, Registered Users 2 Posts: 17,965 ✭✭✭✭Gavin "shels"


    So tonight in a football ground just as the whistle went and players came off the pitch, strolling out towards the exit to grab my banner, I get grabbed by two men who said "random drug search" never even said they were guards, thought it was a joke till they grabbed me by the collar.

    Anyway so over I go to where the marked guards where conducting searches, name, address, checking pockets and wallets, shoes off and all that. Chatting away, and an undercover guard appears and asks for the lad next to me's phone, and says it's being keep for "searching". Onto me and he wants my phone, said the other guard checked it and he said it's going off to be searched. I tried explaining that I'm going on holidays on Sunday afternoon and need it and also that I'm waiting on a phonecall next week to fine out if I'm still employed. No joy, so asked when I would get it back, the response was "these take a while".

    Now just wondering where I stand on this? This was an excuse to get peoples phones as the guards are investigating an incident there 2 weeks ago after a match which I had no involvment in and have a witness. We got no receipts, only a name and what station.

    Cheers for any replys.


«13

Comments

  • Registered Users, Registered Users 2 Posts: 1,074 ✭✭✭blueythebear


    So tonight in a football ground just as the whistle went and players came off the pitch, strolling out towards the exit to grab my banner, I get grabbed by two men who said "random drug search" never even said they were guards, thought it was a joke till they grabbed me by the collar.

    Anyway so over I go to where the marked guards where conducting searches, name, address, checking pockets and wallets, shoes off and all that. Chatting away, and an undercover guard appears and asks for the lad next to me's phone, and says it's being keep for "searching". Onto me and he wants my phone, said the other guard checked it and he said it's going off to be searched. I tried explaining that I'm going on holidays on Sunday afternoon and need it and also that I'm waiting on a phonecall next week to fine out if I'm still employed. No joy, so asked when I would get it back, the response was "these take a while".

    Now just wondering where I stand on this? This was an excuse to get peoples phones as the guards are investigating an incident there 2 weeks ago after a match which I had no involvment in and have a witness. We got no receipts, only a name and what station.

    Cheers for any replys.

    You'd probably be best off getting a new phone and keeping the same number if you want to receive your phonecall next week. Your phone is being held as evidence and the Gardaí can hold on to it for as long as the investigation takes unfortunately. You could make an application for the return of the phone under the Police Property Acts but you still won't get the phone back by next week even if you are successful in the application.


  • Registered Users, Registered Users 2 Posts: 17,965 ✭✭✭✭Gavin "shels"


    You'd probably be best off getting a new phone and keeping the same number if you want to receive your phonecall next week. Your phone is being held as evidence and the Gardaí can hold on to it for as long as the investigation takes unfortunately. You could make an application for the return of the phone under the Police Property Acts but you still won't get the phone back by next week even if you are successful in the application.

    Balls! Cheers for the reply. If I can prove I had nothing to do with it and was nowhere near the scene of the incident would that help, no? Have a witness and everything. And also would you say I could get numbers out of my phone tomorrow if I went down?


  • Registered Users, Registered Users 2 Posts: 1,074 ✭✭✭blueythebear


    Balls! Cheers for the reply. If I can prove I had nothing to do with it and was nowhere near the scene of the incident would that help, no? Have a witness and everything. And also would you say I could get numbers out of my phone tomorrow if I went down?

    You won't be able to get numbers as you could interfere with the phone in doing so as well as destroy the chain of evidence.

    The Garda has taken your phone for a reason and won't relinquish it until the end of the investigation into whatever the matter is about.

    There are Gardaí who frequent this board so they would probably be in a better position than i am to confirm or deny the above.


  • Moderators, Society & Culture Moderators, Help & Feedback Category Moderators Posts: 9,810 CMod ✭✭✭✭Shield


    Get another phone Gavin. The Garda was right. You won't be getting back within a week or two, that's for sure. Get your provider to port your number over to a new SIM card and just continue as if you have a different phone.


  • Registered Users, Registered Users 2 Posts: 17,965 ✭✭✭✭Gavin "shels"


    You won't be able to get numbers as you could interfere with the phone in doing so as well as destroy the chain of evidence.

    Cheers again for the reply, and yet again I'll say Balls! Bye bye job anyway. Thanks again mate.


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  • Registered Users, Registered Users 2 Posts: 17,965 ✭✭✭✭Gavin "shels"


    Shield wrote: »
    Get another phone Gavin. The Garda was right. You won't be getting back within a week or two, that's for sure. Get your provider to port your number over to a new SIM card and just continue as if you have a different phone.

    Getting a new number is grand, but losing all my numbers which are on my SIM card is not good especially one of them which is needed to find out if I still have my job. Surely it can't be too feckin' difficult to scan through the 50 photos I have, and 1000 messages especially when there's feck all in them.:mad::mad::mad::mad:


  • Closed Accounts Posts: 19,986 ✭✭✭✭mikemac


    Phoenix Park HQ had a panel from my moped for fingerprints and managed to lose it :rolleyes:. Not a word on compensation either

    So not to worry you Gavin but don't be shocked if they manage to lose your phone. These things happen


  • Registered Users Posts: 810 ✭✭✭Laisurg


    Very odd that they would take your phone... did they find anything on you or something? I wouldn't think they would take your phone unless they suspected that you were a dealer.


  • Registered Users, Registered Users 2 Posts: 17,965 ✭✭✭✭Gavin "shels"


    mikemac wrote: »
    Phoenix Park HQ had a panel from my moped for fingerprints and managed to lose it :rolleyes:. Not a word on compensation either

    So not to worry you Gavin but don't be shocked if they manage to lose your phone. These things happen

    Fantastic. Didn't even give us a receipt even after being asked several times.
    Laisurg wrote: »
    Very odd that they would take your phone... did they find anything on you or something? I wouldn't think they would take your phone unless they suspected that you were a dealer.

    Didn't find anything on myself, nor the other 4 lads. Not a thing. The search was masked as a "drug search" it's really to do with an incident two weeks ago (nothing related to drugs) I have a feeling they're checking the texts to see if there is anything about the said incident. But as I said I had no involvement, have a witness, and well doubt my description was given as I wasn't at the scene till 10 mins after the incident when I was going to get a bus home from the match.


  • Closed Accounts Posts: 307 ✭✭jimbob86


    So tonight in a football ground just as the whistle went and players came off the pitch, strolling out towards the exit to grab my banner, I get grabbed by two men who said "random drug search" never even said they were guards, thought it was a joke till they grabbed me by the collar.

    Anyway so over I go to where the marked guards where conducting searches, name, address, checking pockets and wallets, shoes off and all that. Chatting away, and an undercover guard appears and asks for the lad next to me's phone, and says it's being keep for "searching". Onto me and he wants my phone, said the other guard checked it and he said it's going off to be searched. I tried explaining that I'm going on holidays on Sunday afternoon and need it and also that I'm waiting on a phonecall next week to fine out if I'm still employed. No joy, so asked when I would get it back, the response was "these take a while".

    Now just wondering where I stand on this? This was an excuse to get peoples phones as the guards are investigating an incident there 2 weeks ago after a match which I had no involvment in and have a witness. We got no receipts, only a name and what station.

    Cheers for any replys.

    Your just lucky they didnt take your manhood


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  • Registered Users, Registered Users 2 Posts: 17,965 ✭✭✭✭Gavin "shels"


    Ye see now if you had a nokia with a keylock security code this could have been avoided. Write it off, get new one.

    What?


  • Registered Users, Registered Users 2 Posts: 10,448 ✭✭✭✭Marcusm


    I thought the Misuse of Drugs Act required "reasonable cause" to perform a search such that there was no concept of a random search.


    Nevertheless, it seems from your comments that the retention of the phone has nothing to do with the search but with some other incident. If that was the case, surely a warrant would be required I. Order to seize and retain the phone. Did the AGS member ask if he could retain your phone or did he tell you that he had lawful powers to require it's retention?

    Before, any negative comments I am not soft on crime (nor on the causes of crime) but in this case, evidence obtained without a warrant is of little probative value.


  • Registered Users Posts: 2,071 ✭✭✭Finnbar01


    Marcusm wrote: »
    I thought the Misuse of Drugs Act required "reasonable cause" to perform a search such that there was no concept of a random search.


    Nevertheless, it seems from your comments that the retention of the phone has nothing to do with the search but with some other incident. If that was the case, surely a warrant would be required I. Order to seize and retain the phone. Did the AGS member ask if he could retain your phone or did he tell you that he had lawful powers to require it's retention?

    Before, any negative comments I am not soft on crime (nor on the causes of crime) but in this case, evidence obtained without a warrant is of little probative value.

    If a garda wants to search you under the misuse of drugs act they will search you. They don't need reasonable cause as such.

    Also, I thought it would be unlawful for the gardaí to use any act to gather evidence about an unrelated (?) crime not associated with that act?

    Just another tiny wobble towards a police state.


  • Registered Users, Registered Users 2 Posts: 17,965 ✭✭✭✭Gavin "shels"


    you dont have to give them the security code & it means loads of work for them to unlock it. So they may have lost interest and just not bothered.

    Awh right.
    Marcusm wrote: »
    I thought the Misuse of Drugs Act required "reasonable cause" to perform a search such that there was no concept of a random search.


    Nevertheless, it seems from your comments that the retention of the phone has nothing to do with the search but with some other incident. If that was the case, surely a warrant would be required I. Order to seize and retain the phone. Did the AGS member ask if he could retain your phone or did he tell you that he had lawful powers to require it's retention?

    Before, any negative comments I am not soft on crime (nor on the causes of crime) but in this case, evidence obtained without a warrant is of little probative value.

    I'd actually love to see the law on the matter tbh regarding the random stop and search.

    Turns out one of the guards actually told one of the lads who was being searched it was about said incident and nothing to do with a "random drug search". Someone actually has said it to me about the whole warrant thing. None of us where asked could it be retained, we were told it was being taken to be searched with no reason given at all.


  • Registered Users Posts: 93 ✭✭The_Snapper


    Finnbar01 wrote: »
    If a garda wants to search you under the misuse of drugs act they will search you. They don't need reasonable cause as such.


    Yes they do.


  • Registered Users, Registered Users 2 Posts: 17,965 ✭✭✭✭Gavin "shels"


    Finnbar01 wrote: »
    Also, I thought it would be unlawful for the gardaí to use any act to gather evidence about an unrelated (?) crime not associated with that act?

    Just another tiny wobble towards a police state.

    Surely I can't prove that though that it was for another unrelated crime? When it was just hearsay from a guard and a few other people.

    Already been onto the station and the detective isn't about till this evening.


  • Registered Users Posts: 2,071 ✭✭✭Finnbar01


    Yes they do.


    Yes they do, as stated under the act. But in the real world they can just stop and search you.

    Surely I can't prove that though that it was for another unrelated crime? When it was just hearsay from a guard and a few other people.

    I don't know, I guess a solicitor would be able to answer that one. Also, I thought they could only seize your mobile phone if after searching you they found drugs or something else illegal???


  • Registered Users, Registered Users 2 Posts: 17,965 ✭✭✭✭Gavin "shels"


    Finnbar01 wrote: »
    Yes they do as, stated under the act. But in the real world they can just stop and search you.

    Is there any link to the stated act? Can't see to find it on the Irish Statute Book site. Also does anyone know if there's anything on holding of personal goods on the site.


  • Registered Users, Registered Users 2 Posts: 17,965 ✭✭✭✭Gavin "shels"


    Finnbar01 wrote: »
    Also, I thought they could only seize your mobile phone if after searching you they found drugs or something else illegal???

    That's what I've been hearing alright, I nor the other 4 lads were found to have no drugs and I've never ever been found with drugs on me prior.


  • Registered Users Posts: 2,071 ✭✭✭Finnbar01


    Is there any link to the stated act? Can't see to find it on the Irish Statute Book site. Also does anyone know if there's anything on holding of personal goods on the site.


    Please read this thread here. This is a freeman site (I am not one) which alot of people despise but this thread is about legalese education.

    http://freemanireland.ning.com/forum/topics/some-legalese-educational


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  • Closed Accounts Posts: 59 ✭✭travnett


    23.—(1) A member of the Garda Síochána who with reasonable cause suspects that a person is in possession in contravention of this Act of a controlled drug, may without warrant—

    (a) search the person and, if he considers it necessary for that purpose, detain the person for such time as is reasonably necessary for making the search,

    (b) search any vehicle, vessel or aircraft in which he suspects that such drug may be found and for the purpose of carrying out the search may, if he thinks fit, require the person who for the time being is in control of such vehicle, vessel or aircraft to bring it to a stop and when stopped to refrain from moving it, or in case such vehicle, vessel or aircraft is already stationary, to refrain from moving it, or

    (c) seize and detain anything found in the course of a search under this section which with such cause appears to him to be something which might be required as evidence in proceedings for an offence under this Act.

    (2) Nothing in this section shall operate to prejudice any power to search, or to seize or detain property which may be exercised by a member of the Garda Síochána apart from this section.

    apparently they can search you and seize any property they deem might be required as evidence without a warrant. However as the search was a mask for the real reason which was to find information about an incident from two week prior it would seam the the search was conducted illegally and therefor your possessions cannot be seized.

    missuse of drugs act 1977


  • Registered Users Posts: 2,071 ✭✭✭Finnbar01


    Dont mean to upset you gav but I had two phones that were "lost", now the gards did after a long time give me the cash value of them but I wanted the numbers and & pictures etc.
    There was stuff of my sisters 5th birthday and so on on it, gone forever. Ah well.

    Lost me hole, more like.....


    :D


  • Registered Users, Registered Users 2 Posts: 17,965 ✭✭✭✭Gavin "shels"


    travnett wrote: »
    apparently they can search you and seize any property they deem might be required as evidence without a warrant. However as the search was a mask for the real reason which was to find information about an incident from two week prior it would seam the the search was conducted illegally and therefor your possessions cannot be seized.

    missuse of drugs act 1977

    Cheers for the link, found an updated version from 2010 aswell. One of the points made is "with reasonable cause suspects a person of committing or having committed an offence under this Act". Hardly walking from a football ground is reasonable cause!:confused:

    Again though how can I prove that it was a mask, that's what the problem will be.:(
    Dont mean to upset you gav but I had two phones that were "lost", now the gards did after a long time give me the cash value of them but I wanted the numbers and & pictures etc.
    There was stuff of my sisters 5th birthday and so on on it, gone forever. Ah well.

    Fantastic. Doesn't help not one of us got a receipt even being asked for one several times. That will be one demand I'll be issuing when I go to the station later.


  • Registered Users Posts: 2,071 ✭✭✭Finnbar01


    Cheers for the link, found an updated version from 2010 aswell. One of the points made is "with reasonable cause suspects a person of committing or having committed an offence under this Act". Hardly walking from a football ground is reasonable cause!:confused:

    Again though how can I prove that it was a mask, that's what the problem will be.:(

    Gavin, the garda could easily say you appeared nervous and shifty on seeing them. Even if you weren't, they will say you were and that's their 'resonable cause'.

    I suppose in realtion to being stopped and searched, you will have to wait and see what the outcome of all this will be.
    Fantastic. Doesn't help not one of us got a receipt even being asked for one several times. That will be one demand I'll be issuing when I go to the station later.

    Depriving you of your property like that is theft. But sure what can be done about it?


  • Registered Users, Registered Users 2 Posts: 17,965 ✭✭✭✭Gavin "shels"


    Finnbar01 wrote: »
    I suppose in realtion to being stopped and searched, you will have to wait and see what the outcome of all this will be.

    I know what the outcome will be already, well there was nothing on your phone, we've also found you weren't near the scene till 10 minutes after and in general we got it completely wrong and we apologise for all the problems caused.:rolleyes:

    Anyway cheers for all the replies, was hoping I'd have some chance to get my phone back before my holidays but well that doesn't look likely.


  • Registered Users Posts: 93 ✭✭The_Snapper


    Finnbar01 wrote: »
    Yes they do, as stated under the act. But in the real world they can just stop and search you.

    And in the real world they can be sued for unlawful detention and assault.


  • Closed Accounts Posts: 59 ✭✭travnett


    I know what the outcome will be already, well there was nothing on your phone, we've also found you weren't near the scene till 10 minutes after and in general we got it completely wrong and we apologise for all the problems caused.:rolleyes:

    Anyway cheers for all the replies, was hoping I'd have some chance to get my phone back before my holidays but well that doesn't look likely.

    Yeh, let us know how you get on at the station later. Best thing is study the law and know what to say when you go down, including stating various acts etc.. also if they tell you they were seizing your phone under a different act than what they said at the time of the search then surly they can't keep it. Ask them what their reasonable cause was for searching you? and under what act were they seizing your phone. If they can't give you the information then I would be taking the matter further. Definitely speak to a superintendent.

    Also don't hold you breath for an apology from the gardai over seizing your phone when you get it back.


  • Registered Users, Registered Users 2 Posts: 17,965 ✭✭✭✭Gavin "shels"


    If you can "book an appointment" with the super in question. Note you will have to use them terms or you will be told - eh hes not here etc etc. So book an appointment, explain you are a good member of the community, not involved in crime, and would really appreciated the phone back.

    Cheers. From planning my Saturday to pack for my holidays to planning my Saturday being spent in the station.:(
    And in the real world they can be sued for unlawful detention and assault.

    In the real world there was 7 guards there, they can do as they please as I've found out, rightly or wrongly.


  • Registered Users, Registered Users 2 Posts: 17,965 ✭✭✭✭Gavin "shels"


    travnett wrote: »
    Yeh, let us know how you get on at the station later. Best thing is study the law and know what to say when you go down, including stating various acts etc.. also if they tell you they were seizing your phone under a different act than what they said at the time of the search then surly they can't keep it. Ask them what their reasonable cause was for searching you? and under what act were they seizing your phone. If they can't give you the information then I would be taking the matter further. Definitely speak to a superintendent.

    Also don't hold you breath for an apology from the gardai over seizing your phone when you get it back.

    Cheers for the reply. Any links for me to study off hand there travenett? I was given no act as to why my phone was seized btw.

    Oh the last part I was being sarcastic tbh.:D


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  • Registered Users Posts: 2,071 ✭✭✭Finnbar01


    Cheers for the reply. Any links for me to study off hand there travenett? I was given no act as to why my phone was seized btw.

    Oh the last part I was being sarcastic tbh.:D


    Just remember to be polite and calm at all times. Also bring a friend with you.

    Best of luck and hope you get your phone back.


  • Registered Users Posts: 2,071 ✭✭✭Finnbar01


    And in the real world they can be sued for unlawful detention and assault.

    So, if you are going about you lawful business and a garda demands to search you under the misuse of drugs act, what would you do/say?


  • Registered Users, Registered Users 2 Posts: 1,074 ✭✭✭blueythebear


    Finnbar01 wrote: »
    So, if you are going about you lawful business and a garda demands to search you under the misuse of drugs act, what would you do/say?

    If you sue, the court will be of the view that the public benefit of granting the Gardaí powers of search and seizure to combat crime far outweigh the minor infringement of an individuals' rights.


  • Registered Users Posts: 2,071 ✭✭✭Finnbar01


    If you sue, the court will be of the view that the public benefit of granting the Gardaí powers of search and seizure to combat crime far outweigh the minor infringement of an individuals' rights.

    Exactly. The gardaí can stop and search you when they want to. They don't need 'reasonable cause'. Simply not liking the look of you will suffice.


  • Registered Users Posts: 93 ✭✭The_Snapper


    Finnbar01 wrote: »
    Exactly. The gardaí can stop and search you when they want to. They don't need 'reasonable cause'. Simply not liking the look of you will suffice.

    This is a wind up right? That has to be pants post of the year.... ^

    Seriously, take the time to look it up or speak to a Citizens Advice Bureau/solicitor.


  • Registered Users, Registered Users 2 Posts: 1,074 ✭✭✭blueythebear


    This is a wind up right? That has to be pants post of the year.... ^

    Seriously, take the time to look it up or speak to a Citizens Advice Bureau/solicitor.

    I think what he means is that the Gardaí have extensive powers of search and seizure under the relevant acts to do with drugs. There has to be a reasonable suspicion but in reality, a Garda will search you if he does not like the look of you.

    If he is challenged on it later, he can say that you were behaving suspiciously or come up with a reason thereby complying with the requirements of the acts.


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  • Registered Users Posts: 2,071 ✭✭✭Finnbar01


    This is a wind up right? That has to be pants post of the year.... ^

    Seriously, take the time to look it up or speak to a Citizens Advice Bureau/solicitor.

    If you think for a moment that those acts and statues are followed word for word you are a delusionist.


  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    What a load of tripe being posted here.
    Marcusm wrote: »
    I thought the Misuse of Drugs Act required "reasonable cause" to perform a search such that there was no concept of a random search.

    You have no idea what cause they had. For all you know the crime two weeks ago could have been linked to drugs. The Gardaí are not required to outline the cause until the court day.
    Marcusm wrote: »
    Nevertheless, it seems from your comments that the retention of the phone has nothing to do with the search but with some other incident. If that was the case, surely a warrant would be required I. Order to seize and retain the phone. Did the AGS member ask if he could retain your phone or did he tell you that he had lawful powers to require it's retention?

    Not if they can justify the original search.

    http://www.irishstatutebook.ie/1976/en/act/pub/0032/sec0009.html#sec9
    9.—(1) Where in the course of exercising any powers under this Act or in the course of a search carried out under any other power, a member of the Garda Síochána, a prison officer or a member of the Defence Forces finds or comes into possession of anything which he believes to be evidence of any offence or suspected offence, it may be seized and retained for use as evidence in any criminal proceedings, or in any proceedings in relation to a breach of prison discipline, for such period from the date of seizure as is reasonable or, if proceedings are commenced in which the thing so seized is required for use in evidence, until the conclusion of the proceedings, and thereafter the Police (Property) Act, 1897, shall apply to the thing so seized in the same manner as that Act applies to property which has come into the possession of the Garda Síochána in the circumstances mentioned in that Act

    (I think this has been ammended but I can't find any ammendment.)
    Finnbar01 wrote: »
    Please read this thread here. This is a freeman site (I am not one) which alot of people despise but this thread is about legalese education.

    http://freemanireland.ning.com/forum/topics/some-legalese-educational

    For your own sake don't read this. It's a real moron who follows the advise on that link and will probably just bring more trouble your way. Better of with the ICCL site

    http://www.iccl.ie/welcome-to-the-iccl-know-your-rights-page.html
    travnett wrote: »
    apparently they can search you and seize any property they deem might be required as evidence without a warrant. However as the search was a mask for the real reason which was to find information about an incident from two week prior it would seam the the search was conducted illegally and therefor your possessions cannot be seized.

    Again, you have no idea what the search was about so you have no idea if it was illegal.


  • Registered Users, Registered Users 2 Posts: 1,529 ✭✭✭234


    Finnbar01 wrote: »

    DO NOT TAKE ANY ACTION BASED ON THE CONTENT OF THIS LINK; much of the content is drastically incorrect.


  • Registered Users Posts: 106 ✭✭mstq


    you dont have to give them the security code & it means loads of work for them to unlock it. So they may have lost interest and just not bothered.

    Concealment of evidence
    gavin wrote:
    That's what I've been hearing alright, I nor the other 4 lads were found to have no drugs and I've never ever been found with drugs on me prior.
    gavin wrote:
    "with reasonable cause suspects a person of committing or having committed an offence under this Act". Hardly walking from a football ground is reasonable cause!

    Maybe someone snitched?

    Dont mean to upset you gav but I had two phones that were "lost", now the gards did after a long time give me the cash value of them but I wanted the numbers and & pictures etc.
    There was stuff of my sisters 5th birthday and so on on it, gone forever. Ah well.

    They aren't immune in courts ;]
    snapper wrote:
    And in the real world they can be sued for unlawful detention and assault.
    Can't - as someone said before, gavin might've seem dodgy, or one of his friends.


  • Closed Accounts Posts: 292 ✭✭Resend


    if you were literally grabbed op while not attempting to leave i would be speaking with a solicitor to ask if they used xcesive force. ditto re the search being a mask and if one has to co operatate with a mask. i would ask a solicitor where i stood in such a situation


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  • Registered Users, Registered Users 2 Posts: 17,965 ✭✭✭✭Gavin "shels"


    Well I was right about it being masked about an incident 2 weeks ago, which had nothing to do with drugs btw. Long story short I was picked at random along with 4 lads who I hardly know and wasn't even with. No phone though, but I did get the number I need out of my phone to make sure I have a job when I come home.

    Cheers all for the replies.


  • Closed Accounts Posts: 16,391 ✭✭✭✭mikom


    I remember a certain few Bank laptops that the guards weren't given the codes to.
    What happened?
    Jack ****.
    White collar, ya see.


  • Registered Users Posts: 319 ✭✭Locust


    mikom wrote: »
    I remember a certain few Bank laptops that the guards weren't given the codes to.
    What happened?
    Jack ****.
    White collar, ya see.
    Regarding computers...
    Section 48 Criminal Justice Theft & Fraud Offences Act subsection (5) A member of the Garda Síochána acting under the authority of a warrant under this section may—
    (a) operate any computer at the place which is being searched or cause any such computer to be operated by a person accompanying the member for that purpose, and (b) require any person at that place who appears to the member to have lawful access to the information in any such computer—
    (i) to give to the member any password necessary to operate it -- failure to cooperate or get in the way is an offence.

    White collar? Just because nothing happens initially doesn't mean they won't be prosecuted eventually. I'd guess with the mountain before them, that those files aren't completed just yet and all the evidence will be stacked in one big lump.

    With regards to mobile phones:- I've seen peoples phones get seized codes or no codes and the Garda Telephonic person just clones the phone unlock it themselves after a few requests on paper... it takes a bit longer but it can be done. If for example the persons phone that was seized - by withholding the pin code i.e. "I've told gards before no that I am not giving them the code and it was left at that." Could he be done for/expect a summons a few months later for obstruction?


    And as mentioned earlier - you can't lawfully be searched at random they need reasonable cause to search you. Perhaps the 'football match' the OP was at was a public order 'event' then Gardai can search everyone.


  • Moderators, Society & Culture Moderators Posts: 3,935 Mod ✭✭✭✭Turner


    What incident happened a few weeks ago??

    Was it an incident in which an arrestable offence was committed by the perpetrator??


  • Closed Accounts Posts: 292 ✭✭Resend


    And in the real world they can be sued for unlawful detention and assault.
    and should be if applicable


  • Closed Accounts Posts: 292 ✭✭Resend


    If you sue, the court will be of the view that the public benefit of granting the Gardaí powers of search and seizure to combat crime far outweigh the minor infringement of an individuals' rights.
    you do not know what view the court will take in any specific case


  • Registered Users, Registered Users 2 Posts: 17,965 ✭✭✭✭Gavin "shels"


    Chief--- wrote: »
    What incident happened a few weeks ago??

    Was it an incident in which an arrestable offence was committed by the perpetrator??

    http://www.herald.ie/national-news/football-fan-16-fights-for-life-after-attack-2647298.html

    Talking to a few mates tonight, seems the guards are ringing people they have got hold of numbers for and are asking them to come in for questioning. Have a feeling the guards are clutching at straws and are lacking info.


  • Registered Users, Registered Users 2 Posts: 1,074 ✭✭✭blueythebear


    Resend wrote: »
    you do not know what view the court will take in any specific case

    I don't know the view the court will take in every case but I was stating it as a general principle. You will note that the Courts took the view in DPP v Fagan, that in exercising their duty to prevent crime, Gardaí may stop motorists without any suspicion being formed that a crime has been committed. This was based on the reasoning that stopping someone is a minor breach of their rights when balanced against the aim being pursued, i.e. to prevent crime.

    I'd add that given the article posted below about the specific incident, I would say that what I said is totally correct in this context.


  • Registered Users Posts: 2,071 ✭✭✭Finnbar01


    Well I was right about it being masked about an incident 2 weeks ago, which had nothing to do with drugs btw. Long story short I was picked at random along with 4 lads who I hardly know and wasn't even with. No phone though, but I did get the number I need out of my phone to make sure I have a job when I come home.

    Cheers all for the replies.

    What defence would the gardaí have I wonder if you file a complaint as they didn't have reasonable cause?
    Talking to a few mates tonight, seems the guards are ringing people they have got hold of numbers for and are asking them to come in for questioning. Have a feeling the guards are clutching at straws and are lacking info.

    Terrible policing (I shudder to think this is the best tactic they could come up with). How will this solve the crime. Why not pull people's phone numbers off eircom phonebook.


  • Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    They would have no power to compel anyone to come in for questioning.


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