can a guard demand my name at a filling station? ]

ohnonotgmail

Crock Rock wrote: »

I don't know. I'm not a solicitor, but if you are driving, or after driving or attempting to drive or get into a mechanically propelled vehicle then I suppose they can.

If you are simply walking into one then they can not ask you. If I'm not mistaken, (and I am open to correction) there is only one situaiton where a Garda can stop a pedestrian and search and request information and that situation is the misuse of drugs act.

Or if they think you have committed an offence.

LeoHughes

ohnonotgmail wrote: »

Or if they think you have committed an offence.

think is the key word here

mad m

LeoHughes wrote: »

same place but its all up in the air now and i'm none the wiser TBH here

Give us the full story and you might get the answer you need.

ED E

Their ability to demand your name extends to cyclists too under the RTAs definition of "driver" doesnt it?

RobbieMD

ED E wrote: »

Their ability to demand your name extends to cyclists too under the RTAs definition of "driver" doesnt it?

Yeah but for some strange reason refusal to give a name or giving a false/misleading one doesn’t carry a power of arrest. The Garda can seize the pedal cycle though.

Crock Rock

RobbieMD wrote: »

Yeah but for some strange reason refusal to give a name or giving a false/misleading one doesn’t carry a power of arrest. The Garda can seize the pedal cycle though.

Would it not be more expeditious to carry a carpet knife and burst the offenders' tyres instead of seizing the bike? Or give the offender the option, seized bike and €50 retrieval fee at the local station or slashed tyres.


Whenever I cycle, I always have my walet in my pocket with ID (licence).

Muckka

I myself have nothing to hide, and not all strident about my boundaries, rights etc.

So if a guard asked me my name id tell him, there's no point in going all out social justice warrior mode.

It would be easy to say my name rather than feel like a victim or oh no I'm being harassed.

I'm not well known to them, but sure there's no point in drawing them on me.

Nothing worse than getting thick with a guard, they always get their way one way or the other.
That's for sure

CalamariFritti

People are very trusting and I hear a lot of that 'if you have nothing to hide' nonsense. But me personally I would be very suspicious of anyone who holds certain legal powers over me requesting personal information with no context.

Obviously I'd be even more suspicious of anyone not holding any power over me asking for the same, some random person for example, but I know I can just tell him to go elsewhere. But I know thats not quite the case with a guard..

Now I may not be legally entitled to withhold that information, I know that. But for example if I was just walking down the road and a guard approached me and asked me completely without context for my name and address I'd be immediately on the defensive. Why wouldn't I?
Now if he asked me did you come out of such and such a place or are going here or there or xyzzy happened and your description fits, yes, at least there seems to be some reason. But I was never in contact with the guards in any context where I conducted anything suspicious so why would anyone - guards included - completely out of the blue would need to know my name and address?

Am I at least allowed to request some context? Ask why he thinks he needs to know?

People are way too trusting.

GM228

RobbieMD wrote: »

Yeah but for some strange reason refusal to give a name or giving a false/misleading one doesn’t carry a power of arrest. The Garda can seize the pedal cycle though.

it does when they are suspected of committing a specified offence under the RTA.

Alpha_zero

Muckka wrote: »

I myself have nothing to hide, and not all strident about my boundaries, rights etc.

So if a guard asked me my name id tell him, there's no point in going all out social justice warrior mode.

It would be easy to say my name rather than feel like a victim or oh no I'm being harassed.

I'm not well known to them, but sure there's no point in drawing them on me.

Nothing worse than getting thick with a guard, they always get their way one way or the other.
That's for sure

If you have no legal obligation to divulge your personal information the Garda will not know who you are. The Garda has a three digit number on his shoulder which is easy to remember.

There is a long list of illicit crimes and activities that the Guards have no intention of enforcing so the idea that they will somehow invest time in trying to make your life difficult is a little far fetched.

RobbieMD

GM228 wrote: »

it does when they are suspected of committing a specified offence under the RTA.

Maybe it’s been amended since but this was what I was referencing
http://www.irishstatutebook.ie/eli/1961/act/24/section/108/enacted/en/html

GM228

RobbieMD wrote: »

Maybe it’s been amended since but this was what I was referencing
http://www.irishstatutebook.ie/eli/1961/act/24/section/108/enacted/en/html

S107 as amended by the Road Traffic (No.2) Act 2011 and the Road Traffic Act 2016:-

RTA1961 wrote:

(1) Where a member of the Garda Siochána alleges to a person using a mechanically propelled vehicle or a pedal cycle that the member suspects that such person has committed a specified offence under this Act, the member may demand of such person his or her name and address and date of birth and may, if such person refuses or fails to give his or her name and address and date of birth or gives a name or address or date of birth which the member has reasonable grounds for believing to be false or misleading, arrest such person without warrant.

http://www.irishstatutebook.ie/eli/2011/act/28/section/3/enacted/en/html#sec3
http://www.irishstatutebook.ie/eli/2016/act/21/section/32/enacted/en/html#sec32

4ensic15

RobbieMD wrote: »

Maybe it’s been amended since but this was what I was referencing
http://www.irishstatutebook.ie/eli/1961/act/24/section/108/enacted/en/html

It has since been substituted which you would have found by following the link.
http://www.irishstatutebook.ie/eli/2010/act/25/section/80/enacted/en/html

ED E

Ta GM.