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Being stopped by the Guards

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    #62
    Elektronske
    Closed Accounts Posts: 117 ✭✭Elektronske


    jimeryan22 wrote: »
    "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

    What state then the USA or Britain ? It's your little straw man and he's not so smart.


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    #63
    jimeryan22
    Banned (with Prison Access) Posts: 2,170 ✭✭✭jimeryan22


    Elektronske wrote: »
    What state then the USA or Britain ? It's your little straw man and he's not so smart.

    Says the illiterate person...
    Sidestepped nicely with a personal attack...
    Hmmmn... Your Einstein start aren't you

    Still doesn't change what you said was wrong.. And is still wrong..
    Public servants not state servants


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    #64
    The One Who Knocks
    Closed Accounts Posts: 2,301 ✭✭✭The One Who Knocks


    So what would an Irish version of this look like?

    19btg9qjo9jb9png.png


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    #65
    ted1
    Registered Users Posts: 23,489 ✭✭✭✭ted1


    WhatzLogin wrote: »
    Also I wasn't being a dick as you said.

    You mightn't have been but your questions and tone portray you as one


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    #66
    Santa Cruz
    Banned (with Prison Access) Posts: 3,126 ✭✭✭Santa Cruz


    WhatzLogin wrote: »
    I'm guessing you have never been stopped for a ridiculous reason? I've had someone who was *under the speed limit* on a road and was stopped .. and don't say the Guard is never wrong cause it happens to everyone every once and awhile.

    For your information driving slow can be an offence. You are obliged to drive in a manner that aids the flow of traffic under the road conditions pertaining at the time. Slow doesn't mean safer if it causing other road users inconvenience


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    #67
    The One Who Knocks
    Closed Accounts Posts: 2,301 ✭✭✭The One Who Knocks


    ted1 wrote: »
    You mightn't have been but your questions and tone portray you as one

    What's wrong with wanting to know your rights? It definitely doesn't automatically make someone a dick.

    Generally speaking, yes it's best to be courteous and cooperative with the Gardaí but that had nothing to to with the OP's questions and it's not fair accuse him of being disrespectful degenerate just for wanting to be more informed.

    For the record, here's what I could find on the subject for you.
    Your rights when stopped by the Gardaí

    A member of the Gardaí can ask any member of the public to stop at any time. You may be legally bound to stop if the Garda believes that you have committed an offence/are committing an offence under the Offences Against the State Acts or if the Garda wishes to check the tax and insurance on your car.

    If the Garda is not wearing their uniform, they must show you identification if you ask them.

    You may need to give your name and address. If you refuse to do so, you could be arrested.

    If the Garda asks you to go to the station with them, you should ask if you are under arrest. If you are under arrest, you must go with them. Fighting it will only add another charge to your case, such as resisting arrest. If you are not under arrest, you do not have to go to the station.

    The Gardaí have the right to take you into custody if they believe that you are suffering with mental ill health and could harm yourself or others as a result.
    Your rights when searched

    A Garda may search you if they have a reasonable suspicion that you have committed a crime. In such a case, you can be searched without your consent.

    A member of the same sex must search you if the search consists of more than a pat down over your clothes. Often, a member of the same sex will perform a pat down though.

    Customs officers have the legal right to search you. Some employers may also have the right to search you if it is written into your contract. However, security personnel never have the right to search you.

    The Gardaí have the right to search your car or any car you are a passenger in if they have a reasonable suspicion that you have committed/are about to commit a certain crime or that you have drugs on you or in the car.

    You can be searched at home, at work, on the street or in a Garda station.
    A Garda generally needs a warrant to enter your home to search, but they can occasionally enter your home if they are chasing you and you have escaped to your house, or if they have come to arrest someone in your home.

    A Garda must meet certain conditions when searching your home:

    They must tell you why they are searching.
    They are entitled to take any items that could be used for the case.
    They cannot tell you to remain in a certain room or segment of the house unless you are under arrest.
    The Gardaí are entitled to look at your computer and even take it away if necessary.

    You cannot try to prevent the Gardaí from entering your home; doing so could cause you to be charged with a crime such as obstructing the course of justice.

    Now in regards to recording a garda. It's perfectly legal in a public place as long as it doesn't interfere with their work. They're also allowed to confiscate it if they believe they it contains a recording of a crime, however they can't delete it.

    Hope that clears it up,


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    #68
    Santa Cruz
    Banned (with Prison Access) Posts: 3,126 ✭✭✭Santa Cruz


    Little CuChulainn wrote: »
    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.

    If arrested and brought to the station you will be explained and given a notice of rights


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    #69
    Elektronske
    Closed Accounts Posts: 117 ✭✭Elektronske


    jimeryan22 wrote: »
    Says the illiterate person...
    Sidestepped nicely with a personal attack...
    Hmmmn... Your Einstein start aren't you

    Still doesn't change what you said was wrong.. And is still wrong..
    Public servants not state servants

    The only person making personal attacks is you in your desperation. And a public servant also serves the state.


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    #70
    Scrappy600
    Registered Users Posts: 660 ✭✭✭Scrappy600


    WhatzLogin wrote: »
    I haven't done anything, just my friend was stopped and his private building was searched with out a warrant or without the Guards identifying themselves..

    also I've watched to many people getting stopped and knowing there rights such as not having to get out of ur car in certain cases, it's just for if I did ever do anything.
    WhatzLogin wrote: »
    Also I wasn't being a dick as you said.

    What you typed in bold sounds to me like you're planning your way out after commiting a crime. Doesnt sound like exactly angelic behaviour.....


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    #71
    jimeryan22
    Banned (with Prison Access) Posts: 2,170 ✭✭✭jimeryan22


    Elektronske wrote: »
    The only person making personal attacks is you in your desperation. And a public servant also serves the state.

    Desperation of what..? What are you actually going on about.? Not much in your desperation to be right...
    A public servant gets its direction from the state but is not there to serve it I'm afraid.. And I quote your second post to me in which you said.

    "What state then the USA or Britain ? It's your little straw man and he's not so smart." So this was not a veiled personal attack..? I was only returning fire.. But have it your way, I really couldn't be arsed arguing with you


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    #72
    Elektronske
    Closed Accounts Posts: 117 ✭✭Elektronske


    jimeryan22 wrote: »
    Desperation of what..? What are you actually going on about.? Not much in your desperation to be right...
    A public servant gets its direction from the state but is not there to serve it I'm afraid.. And I quote your second post to me in which you said.

    "What state then the USA or Britain ? It's your little straw man and he's not so smart." So this was not a veiled personal attack..? I was only returning fire.. But have it your way, I really couldn't be arsed arguing with you

    Do you know what a straw man or ad hominem argument is ?


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    #73
    downonthefarm
    Registered Users Posts: 1,308 ✭✭✭downonthefarm


    Them pigs have some balls


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    #74
    jimeryan22
    Banned (with Prison Access) Posts: 2,170 ✭✭✭jimeryan22


    Elektronske wrote: »
    Do you know what a straw man or ad hominem argument is ?

    Really...? Are you going down this road..? As I said your on your own..


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    #75
    jimeryan22
    Banned (with Prison Access) Posts: 2,170 ✭✭✭jimeryan22


    downonthefarm wrote: »
    Them pigs have some balls

    Or not.....


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    #76
    Elektronske
    Closed Accounts Posts: 117 ✭✭Elektronske


    jimeryan22 wrote: »
    Really...? Are you going down this road..? As I said your on your own..

    I suspected you would struggle with the concept.


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    #77
    jimeryan22
    Banned (with Prison Access) Posts: 2,170 ✭✭✭jimeryan22


    Elektronske wrote: »
    I suspected you would struggle with the concept.

    Haha.
    Keep talking from that thing behind the small bridge...


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    #78
    Elektronske
    Closed Accounts Posts: 117 ✭✭Elektronske


    jimeryan22 wrote: »
    Haha.
    Keep talking from that thing behind the small bridge...

    You seem quite incapable of following the discussion


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    #79
    GoodLord
    Closed Accounts Posts: 445 ✭✭GoodLord


    Elektronske wrote: »
    Is this post helpful ? They are the rightful police authorities for the Irish state
    i am talking about the fanboys here making fun of op who dares to question the cops


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    #80
    Elektronske
    Closed Accounts Posts: 117 ✭✭Elektronske


    GoodLord wrote: »
    i am talking about the fanboys here making fun of op who dares to question the cops

    What fanboys ?


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    #81
    GoodLord
    Closed Accounts Posts: 445 ✭✭GoodLord


    Elektronske wrote: »
    What fanboys ?
    the people here wjo always make fun of anyone who questions the garda


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    #82
    Elektronske
    Closed Accounts Posts: 117 ✭✭Elektronske


    GoodLord wrote: »
    the people here wjo always make fun of anyone who questions the garda

    Did you even read the OP's posts ?


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    #83
    GoodLord
    Closed Accounts Posts: 445 ✭✭GoodLord


    Elektronske wrote: »
    Did you even read the OP's posts ?
    i did and did not make fun of him


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    #84
    Elektronske
    Closed Accounts Posts: 117 ✭✭Elektronske


    GoodLord wrote: »
    i did and did not make fun of him

    Just law abiding people eh ?


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    #85
    GoodLord
    Closed Accounts Posts: 445 ✭✭GoodLord


    Elektronske wrote: »
    Just law abiding people eh ?
    just answer his question


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    #86
    Elektronske
    Closed Accounts Posts: 117 ✭✭Elektronske


    GoodLord wrote: »
    just answer his question

    I don't help people who don't co-operate with the Police


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    #87
    No Pants
    Closed Accounts Posts: 3,347 ✭✭✭No Pants


    GoodLord wrote: »
    just answer his question
    Read the thread please. The question has been answered a number of times now.


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    #88
    Tokarev
    Closed Accounts Posts: 161 ✭✭Tokarev


    downonthefarm wrote: »
    Them pigs have some balls
    jimeryan22 wrote: »
    Or not.....

    Or if balls were guns we would all fly.


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    #89
    GoodLord
    Closed Accounts Posts: 445 ✭✭GoodLord


    No Pants wrote: »
    The question has been answered a number of times now.
    Then stop making fun of people who question cops


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    #90
    No Pants
    Closed Accounts Posts: 3,347 ✭✭✭No Pants


    GoodLord wrote: »
    Then stop making fun of people who question cops
    Why are you directing that at me?


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    #91
    The One Who Knocks
    Closed Accounts Posts: 2,301 ✭✭✭The One Who Knocks


    Elektronske wrote: »
    I don't help people who don't co-operate with the Police

    As I've said previously,

    The OP was just looking to be more informed, it's better to be nice & cooperative to the gardaí and 99% of the time you'll be on your way. However, when dealing with the minority of them it's important for anyone to know their rights, and that certainly doesn't make them scumbags. Having lived in the states for a few years, the issue seems to be a lot more prevalent over there, but it's no harm to know your rights.


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