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Being stopped by the Guards

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    #32
    dubscottie
    Closed Accounts Posts: 854 ✭✭✭dubscottie


    Elektronske wrote: »
    As the GAA teach children when interacting with anyone : give respect, get respect

    Well that might be a whole new tread!

    I was stopped outside my home by the Garda, putting the bin out and checking on my bike.
    No probs. I was glad to see them around!


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    #33
    slimjimmc
    Registered Users Posts: 7,787 ✭✭✭slimjimmc


    thebullkf wrote: »
    To answer the op, it's illegal to record someone's voice, without their consent, unless it's in public afaik, better minds than mine may assist further.
    Are you sure about that? I don't think the act of recording without permission of the speaker is illegal per sé, but how you use the recording might be.
    Are you by any chance mixing it up with telecommunications law which makes it's illegal to record a telecommunication conversation without the consent of at least one participant. i.e. in the phone call between you and a friend you can record the call without his consent, or your friend can record it without your consent, but another person can't record it without the consent at least one of ye?


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    #34
    Zambia
    Closed Accounts Posts: 7,333 ✭✭✭Zambia


    What law makes it illegal to record someone's voice and image?

    Don't the press do it everyday.


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    #35
    WhatzLogin
    Registered Users Posts: 43 ✭WhatzLogin


    thebullkf wrote: »
    2 pages in and you've mentioned scobies numerous tines. And no help either, why post??

    To answer the op, it's illegal to record someone's voice, without their consent, unless it's in public afaik, better minds than mine may assist further.

    As regards being stopped for nothing, it does happen, I grew up in a rough disadvantaged area, regularly stopped and questioned, searched for no reason other than only what I can guess at. I'm not a scobie, and as a parent I wouldn't like anyone in my family to be stopped and felt 2 feet tall, as I did when I was stopped. I used to meet a girl at a shop every Friday when I was a teenager, the shop was in her vicinity , and Every. Single. Friday. The same two guards would stop, question, and search me on the street, even when y girlfriend was there. It was embarrassing and quite frankly way ott. Even the shopkeeper whom I'd built up a rapport with, came out at one stage and requested they leave me alone. And he was an ex Garda himself. The epaulettes are easily identifiable, it's when they remove them you know there's trouble coming. Have seen it many times.

    I have a lot of respect for the guards and the work they do, there are ass hats everywhere, in every profession. Some Reas suffer more than others.

    Ask them what they are stopping you for, in future, most Garda are reasonable nd will tell you. Above all, treat others as you would lie to be treated and you'll be grand :)

    thanks for answering and not being a smart As.. about it like others .. and for pointing out the other guy was posting for a stupid reason as he didn't answer my question, I don't see the point in here even posting if hes not going to help ..

    thanks again bud!


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    #36
    WhatzLogin
    Registered Users Posts: 43 ✭WhatzLogin


    TimeToShine wrote: »
    Typical boards tbh. Guy asks a question about the Gardai and is immediately accused of being a disrespectful degenerate scrote with little or no reference to the question.

    I too would like to know my rights if I'm stopped by the gardai, so if anyone actually knows something about the topic kindly step forward.

    AFAIK, you are allowed to record and/or video the gardai if you are pulled over. It's a public place and as such perfectly legal. Something that's up and coming in other countries is to have a two way dash cam to record any confrontation in case something sketchy happens. Now obviously you run the risk of pissing them off if you jam a camera in their face/if they find out you're recording them so you'd want to be careful.

    thanks for replying and agreeing that people are accusing me wrongly .. I would just like to know my rights .. but some people just come in here not answer the question and insult others calling them scobies .. which is a irish somewhat slang for a scumbag .. ( not calling anyone it )

    pitty people have to be smart as.es you know what is suppose to be put in where the . is.


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    #37
    WhatzLogin
    Registered Users Posts: 43 ✭WhatzLogin


    jantheman91 wrote: »
    If he can't give your rights in Irish, there's very little he can do.

    ''An bhfuil tú abalta na rialacha a insint dom as Gaeilge, le do thoil?''.

    That usually works.

    cheers bud!


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    #38
    WhatzLogin
    Registered Users Posts: 43 ✭WhatzLogin


    endacl wrote: »
    To which the appropriate response, of course, would be 'an bhfuil tú in ann a chur ar mo chos amach as do thóin?

    funny thing is the wouldn't even understand that, but they would be a bit spectacle as the word thóin is in it!


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    #39
    WhatzLogin
    Registered Users Posts: 43 ✭WhatzLogin


    jantheman91 wrote: »
    To which my reply would be - An bhfuil tú abalta mo cheist a fhreagairt - Tá nó níl?

    Most Gardaí haven't a clue how to even pronounce Irish words, let alone speak them, which makes your reply a non-runner.

    Their own fault really, and it makes getting away with small things very very easy.

    so are you saying its true if they are not able to comply to saying ur rights etc in irish you may be able to get away with it?


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    #40
    WhatzLogin
    Registered Users Posts: 43 ✭WhatzLogin


    It's a pity some people come on here .. and just because I asked about the Law that I've done something .. accusing me .. when it was just a question of what are my rights if stopped ..

    also majority of people didn't even answer the question, as they are to busy insulting or accusing others ..


    So if anyone has any clue of the rights please post them! IF NOT .. please don't post at all .. cause ur just going off topic .. which your not suppose to do .. it was a simple question, as in what are my rights when stopped or questioned .. simple as..


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    #41
    No Pants
    Closed Accounts Posts: 3,347 ✭✭✭No Pants


    TimeToShine wrote: »
    Typical boards tbh. Guy asks a question about the Gardai and is immediately accused of being a disrespectful degenerate scrote with little or no reference to the question.

    I too would like to know my rights if I'm stopped by the gardai, so if anyone actually knows something about the topic kindly step forward.

    AFAIK, you are allowed to record and/or video the gardai if you are pulled over. It's a public place and as such perfectly legal. Something that's up and coming in other countries is to have a two way dash cam to record any confrontation in case something sketchy happens. Now obviously you run the risk of pissing them off if you jam a camera in their face/if they find out you're recording them so you'd want to be careful.
    I think you're okay to film the Gardai, but like everything else, just don't get in their way while they're performing their duties. We've all seen videos of the Gardai on YouTube or whatever.

    As for the Irish thing, that's just a delaying tactic. If you have nothing better to do, then go for it.
    Little CuChulainn wrote: »
    You have an entitlement to be dealt with in Irish. However it doesn;t have to be by that particular Garda. They could just get another Garda to come along and chat to you. There's actually quite a few Gardaí who speak Irish, especially in Dublin. God help you if you cannot keep up the conversation in Irish though.


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    #42
    whomitconcerns
    Registered Users Posts: 4,358 ✭✭✭whomitconcerns


    WhatzLogin wrote: »
    It's a pity some people come on here .. and just because I asked about the Law that I've done something .. accusing me .. when it was just a question of what are my rights if stopped ..

    also majority of people didn't even answer the question, as they are to busy insulting or accusing others ..


    So if anyone has any clue of the rights please post them! IF NOT .. please don't post at all .. cause ur just going off topic .. which your not suppose to do .. it was a simple question, as in what are my rights when stopped or questioned .. simple as..

    In fairness your question was worded in such a way as "How can I get one over on the guards if stopped" :P

    Nonetheless..I dont think if he has no hat on, cant read your rights in Irish, has one sock higher than the other, makes any difference.

    Let them get on with their jobs, and if you have nothing to hide and did nothing, they will generally let you get on with yours...


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    #43
    WhatzLogin
    Registered Users Posts: 43 ✭WhatzLogin


    No Pants wrote: »
    I think you're okay to film the Gardai, but like everything else, just don't get in their way while they're performing their duties. We've all seen videos of the Gardai on YouTube or whatever.

    As for the Irish thing, that's just a delaying tactic. If you have nothing better to do, then go for it.

    I dont mean to randomly record the Guards on duty, I mean if they are questioning or anything like that are you allowed to record


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    #44
    WhatzLogin
    Registered Users Posts: 43 ✭WhatzLogin


    whomitconcerns wrote: »
    In fairness your question was worded in such a way as "How can I get one over on the guards if stopped" :P

    Nonetheless..I dont think if he has no hat on, cant read your rights in Irish, has one sock higher than the other, makes any difference.

    Let them get on with their jobs, and if you have nothing to hide and did nothing, they will generally let you get on with yours...

    again with the accusing .. it was when they are in the wrong and stop you for the wrong reason as it happens, it wasn't to get one over the Guards its to know my rights so they don't try trick you to say anything they can use against you .. quit with the accusing ..


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    #45
    No Pants
    Closed Accounts Posts: 3,347 ✭✭✭No Pants


    WhatzLogin wrote: »
    I dont mean to randomly record the Guards on duty, I mean if they are questioning or anything like that are you allowed to record
    In public, yes. In an interrogation room at the station, no.


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    #46
    Big Nasty
    Registered Users Posts: 22,080 ✭✭✭✭Big Nasty


    WhatzLogin wrote: »
    so are you saying its true if they are not able to comply to saying ur rights etc in irish you may be able to get away with it?

    Get away with what? ;)


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    #47
    whomitconcerns
    Registered Users Posts: 4,358 ✭✭✭whomitconcerns


    WhatzLogin wrote: »
    again with the accusing .. it was when they are in the wrong and stop you for the wrong reason as it happens, it wasn't to get one over the Guards its to know my rights so they don't try trick you to say anything they can use against you .. quit with the accusing ..

    Em I think you need to take a chill pill.....Im not accusing you of anything here...


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    #48
    Little CuChulainn
    Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    A garda is under no obligation to explain your rights to you, in irish or english. As to what your rights are, for every right you have there is likely a law that allows gardai to breach it given certain circumstances. There is no way to sum up your rights as they will depend on the situation.


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    #49
    Elektronske
    Closed Accounts Posts: 117 ✭✭Elektronske


    dubscottie wrote: »
    Well that might be a whole new tread!

    I was stopped outside my home by the Garda, putting the bin out and checking on my bike.
    No probs. I was glad to see them around!

    and if you were up to no good you could try ranting at him about your rights . . . doubt you'd fool him or anyone else though.


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    #50
    Fieldsman
    Registered Users Posts: 147 ✭✭Fieldsman


    OP why not answer the guards questions in English. Thinking about answering in Irish would be the last thing on my mind. I don't give the guards any bother and they don't give me any bother either


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    #51
    CIARAN_BOYLE
    Registered Users Posts: 14,599 ✭✭✭✭CIARAN_BOYLE


    WhatzLogin wrote: »
    *I've heard that IF stopped by the guards, and you ask for your rights etc in Irish and the Guard is not able to comply and give you the rights in Irish, you get away scot free ( unless its a really bad offense )

    Don't do this. You have the right to be dealt with in Irish but they can arrest you bring you down to a station and leave you cooling your heals for 12 hours while waiting for a member of the force with appropriate Irish language skills to deal with you.


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    #52
    FreudianSlippers
    Registered Users Posts: 20,397 ✭✭✭✭FreudianSlippers


    Things are getting a bit heated. Take a deep breath before posting and remember:

    1) Don't attack the poster
    2) Be civil
    3) If you have a problem with a post, report it.
    4) Don't feed the trolls.


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    #53
    Lmklad
    Registered Users Posts: 433 ✭✭Lmklad


    Hey OP. I can see what you're asking but to be honest the question is too broad. The system here is totally different to, for example the US.

    I wouldn't use the term "rights" but rather entitlements. If you are stopped and searched you are entitled to know under what piece if legislation, the Misuse of Drugs Act is the most commonly used. A Garda requires "reasonable suspicion" before conducting a search that you may be in possession of a drug. Reasonable suspicion can be anything from the location, your associates or information received, it is really quite a broad one.

    Gardai also are allowed question anyone if they believe a crime has been committed and that person may have been involved in that crime. Say a guy in a blue huddy robbed a purse, Gardai can then question anyone wearing a blue huddy within a reasonable distance of where the crime occurred. (Reasonable is also a broad term and purposefully so and is really up to a Judge to determine what is reasonable)

    Your are ALWAYS entitled to know the name and shoulder number (it's actual name is District Number) of any Garda you have dealings with.

    As for your friends place being searched it all comes down to why it was being searched, what the circumstances around it were. If they were looking for evidence they would probably have needed a warrant, if they were searching for a missing person and in fear of their safety then they don't.

    At the end of the day if you are being questioned about a crime you will be officially cautioned. There isn't one catch all for knowing your "rights" but Citizens Information have everything you'd want to know about that area.


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    #54
    FreudianSlippers
    Registered Users Posts: 20,397 ✭✭✭✭FreudianSlippers


    beyondbelief67 wrote: »
    Maybe try to not be doing anything that they need to stop you for in the first place instead of pulling one over on them ?
    Not helpful


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    #55
    Elektronske
    Closed Accounts Posts: 117 ✭✭Elektronske


    GoodLord wrote: »
    all the garda fan boys are out

    Is this post helpful ? They are the rightful police authorities for the Irish state


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    #56
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    OP you question was answered fully pretty soon after you posted, I don't pretend to be able to offer you better advice than that. In relation to dealing with the guards, if you're just being asked to co-operate and you've nothing to hide I would, personaaly, go along with it. If it becomes an ongoing issue, still go along with it and make your complaint to the local station after the fact.

    If you know you've an issue: say nothing in any langauge before spekaing to a solicitor.


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    #57
    Little CuChulainn
    Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    Bepolite wrote: »
    OP you question was answered fully pretty soon after you posted, I don't pretend to be able to offer you better advice than that. In relation to dealing with the guards, if you're just being asked to co-operate and you've nothing to hide I would, personaaly, go along with it. If it becomes an ongoing issue, still go along with it and make your complaint to the local station after the fact.

    This really is the best policy. If you aren't positive of your rights and the law then you risk an arrest and charge for obstruction by not complying with a demand. If you feel like you were mistreated or your rights were breached you can always follow up later with GSOC or a solicitor.


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    #58
    jimeryan22
    Banned (with Prison Access) Posts: 2,170 ✭✭✭jimeryan22


    beyondbelief67 wrote: »
    Maybe try to not be doing anything that they need to stop you for in the first place instead of pulling one over on them ?

    Maybe they should be doing a real job of arresting the people ie bankers etc that have wrecked the country instead of being revenue collectors for the state...
    Bothering average joe in their daily life instead of proper crims...


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    #59
    jimeryan22
    Banned (with Prison Access) Posts: 2,170 ✭✭✭jimeryan22


    Elektronske wrote: »
    Is this post helpful ? They are the rightful police authorities for the Irish state

    No they're not actually... They represent the constitution and the people of it... Not the "state"... Public servants.. Not private police force of the state..
    Thank you


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    #60
    Elektronske
    Closed Accounts Posts: 117 ✭✭Elektronske


    jimeryan22 wrote: »
    Not private police force of the state..
    Thank you

    I never said they were, so take little strawman somewhere else


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    #61
    jimeryan22
    Banned (with Prison Access) Posts: 2,170 ✭✭✭jimeryan22


    Elektronske wrote: »
    I never said they were, so take little strawman somewhere else

    "They are the rightful police authorities for the Irish state"

    Did you not...? Looks and reads to me like you did... Keep your smart Alec straw man nonscence talk to yourself


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