Do these American "rights" apply in Ireland too?

Broads.ie

Vikings

At a quick glance and without responding to each statement point by point I can say that some of them would apply here, most wouldn't though.

Just some of the points - if someone is being arrested they are the only person who needs to be informed why. If you witness someone being arrested sure you can ask why but there is no obligation to be told why.

On the searches there are many different legislative powers for gardai to search people and vehicles, you have every right to ask them what those powers are if they are being used on you (and if it has not been explained to you already).

Maybe someone else will take the time to respond point by point but a lot of it does not apply to Ireland.

source

The only things that are the same, are Do not resist physically and You may be handcuffed...etc.

cocoshovel

I think we all know doing mos of this stuff wont work in America. Infact it will probably just annoy the cop even more.

MagicSean

No

goldie fish

The search powers are different here too. Do not resist a search. It will not end well.

monument

Careful what you read claiming to be sources of Irish laws and rights. Keep a million miles away from anybody calling them self free men or freemen etc.

Citizensinformation.ie is usually a good, solid, trustworthy source for an overview of things like this. They have a category on arrests here.

And pages deals Arrests, Powers of Search, etc... see the category link above.

If somebody else is getting arrested be very careful not to get in the way -- asking questions when officers are busy dealing with somebody could be misinterpreted.

irishrgr

Good stuff this.....a bit inaccurate, but then most peoples understanding of law is based on the telly, not reality.

These sort of things are being passed around by some of the fringe elements of the various "occupy" movements, but this is a bit dodgy as far as legal advice.

In a public place, note/record anything you want, we have cameras in our cars anyhow, so we record too (best piece of kit ever put in a patrol car those cameras). I'm under no obligation to tell anyone else what I'm doing though.

Interesting reading the links though.....looks like whats called "reasonable suspicion" is what we call "probable cause". A few questions:

Are all arrestees fingerprinted by Gardai? Anyone we nick is fingerprinted and photographed regardless of the offense as a means of positive identification verification and recording.

We can do a "Terry frisk" (named after the court case) for officer safety, without probable cause/arrest. Can/do Gardai do same?

Miranda rights, always a good one (also named after the case), plenty of morons gobbing on about "you didn't read me my rights". True, I don't have to unless I'm going to question you AFTER arrest with the intention of using the information. If I've nicked you, I generally have everything I need (victim, witness, or the elements of the offense itself) Most of that is done by the detectives who interrogate subjects.

Is it the same in Ireland?

Regards,

A

Shield

This list of "rights" that you have posted is not from any authoritative source. If you look at the URL down the bottom right hand corner of the picture it tells us it was "Assembled by the Crimethinc Police Unwelcoming Committee" (yes, it does say Crimethinc).

It's clear by the wording of the text that this is very anti-police, and the 'advice' is dispensed with the intent to frustrate the efforts of police officers going about their everyday activities, i.e. crime detection, etc., as opposed to people exercising their rights. The "Police Unwelcoming Committee" bit kinda gives that away.

People being helpful to the police versus exercising their constitutional rights is more of a legal discussion, and has been done to death both here and in LD.

I can summarise that poster in one sentence:

When dealing with Police my advice would be to treat them with respect, courtesy, honesty, supporting their requests when asked for cooperation, and in return, (in my experience) you'll be dealt with promptly, respectfully, politely and will have everything explained to you in simple, plain English.

Mod hat on: I'm closing this thread because there's no welcome on this forum for the "Police Unwelcoming Committee".

Thread closed.