I was in arklow recently , down at the marino apartments ,
There was no problem but it was 4pm ,
I don't know what its like at night time,
If you park your car well away from the location and walk its less conspicuous
I was in arklow recently , down at the marino apartments ,
There was no problem but it was 4pm ,
I don't know what its like at night time,
If you park your car well away from the location and walk its less conspicuous
As far as I know they cant search without a warrent or only IF their is intent by their beleif but then the onous is on them to show/prove so (& thats a Slippery Slope for them unless U have an AK47 in the booth) & anything found without a actall search warrent (unless an AK47) can NOT be used in court as it was obtained illegaly without a warrent so the Judge would hit the Garda & his Seargent between the eyes with his Hammer for the stupidity of persuing a offence (?) using unlawfull means.
Basicaly IF the Garda thinks your a "Soft Touch" he/she will "Go to town" with you to put U under pressure to "Spit" out info volountarily to them ..... so in short ... keep Ur mouth shut & question everything they say & do.
Regards
I was in court once and there was a guy there who was stopped on the street refused to give name and address and refused to be searched.he was on a suspended sentence and the judge activated it and he ended up doing time because of it.if they ask name and address my advice tell them
Last edited by Bambam1; 09-05-14 at 20:18.
Hi Bam Bam
Arrested for what ? you can be CAUTIONED for failing to follow the directions given by a Garda ie to a drunk or disorderly bloke/girl & then told to go home, failing to move off from loitering, but the cannot search without due cause ie infomations "Tip" or "Intent" (& at that they had better be wright) ..... so if a Garda arrest U for not allowing a unlawfull & unwarrented search you could be arreted Mmmmmmm interesting,
Anyway my info comes from the "Horses Mouth" ... plus I have never read or heard of a person been arrested for refusing a search based on a Garda "Whim" ... any half decent solicitor would "Wipe the floor" with such a situation been where an arrest & in Court appearence was based on this ...... but anyway ?????????? if wrong I Stand Corrected.
funlover12 (16-05-14)
Im only going by what i seen and heard in court.refused to give name and address and searched.got summonsed while in suspended sentence.got jail.they definitely need a warrant for your house..ive got my vehicle searched a few times.never refused tho
Hi Bam Bam
Aaaaa their-in lies the answer .... a bloke/Gal got send down for failing to allow a search .... but this person was on a SUSPENDED SENTANCE .... thats a different "Kettle Of Fish" intirely, that qualifies "Possible Intent" & making sure the person keeps to the terms of their SUSPENDED SENTANCE, so a search in this case would be in accordance; but in GENERAL terms the average "Joe Soap" not having a Suspended Sentance or a Heavy record & not under survalance would not be intitled to the "Gestapo" type treatment because the Garda would have to answer to the court as to WHY he/she was searched & what/why was it based now thats where a Sol. would boot the Garda in the "Goolies" IF his/her search was found to be intirely fruitless.
All I can say Bam Bam is the old saying "Go to Court & you get the LAW not always JUSTICE", the LAW been the word that we & THEY (Garda) had better get it wright ...... anyway again I could be +/- & stand corrected if wrong & I do appreciate your observations in the court, but you would have to aggree its amazing where Sol-1 can find a legal fact where Sol-2 cant ?????
Regards
funlover12 (16-05-14)
Yea its a pretty grey area.all i know is garda are corrupt and can twist to suit.judges and guards are all the one.especiall in the circuit and district courts.Sometimes it pays to go along with them eg i was stopped one them car searched for no reason at all.ended up chatting about fishing and he never checked the windscreen which tax was out for ten months lol..i just go along with them to an extent.but if i was questioned as to why i was leaving a building after an escort i would get q bit awkward for obvious reasons
But anyone could be leaving a building for any reason! I could be lost and in the wrong building. I could be visiting a friend. I could even live there! There is nothing wrong with any of these things. As for visiting an escort — who is to say I actually paid an escort? I could have arrived and left as soon as I saw her! I could have paid for her "time and companionship" and sat there chatting and drinking coffee for half an hour because I just wanted to talk to someone!
I fail to see how stopping a fella on a street and searching him has anything to do with any of what I have just said
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