Case closed so? Unless he might still get penalty points for not carrying his license while driving?
Can Gardaí just search any vehicle for no reason?
- Thread starter ney001
- Start date
because it is a commonly known fact that all persons involved with drugs drive japanese import cars, wear light jumpers with horizontal stripes, jeans and white runners and are outdoors only between the hours of 10pm and 4am !
To me it sounds like gardai who were polite and efficient in carrying out their duties. They engaged in a professional manner to ensure the minimum inconvenience to the person that they had stopped.
Don't put words in my mouth please - basically as stated it struck me as odd, particularly given the fact that his tools etc were in the back of the jeep and he had a receipt for the load of bricks that he was carrying so it was obvious where he had just come from!.
Actually he did not feel that the gardaí were being polite to him, he felt that he was under suspicion for something but he did not know what. When stopped he immediately gave full name and address which is also the address to which the vehicle is registered. He gave my name and number and also my work details so that they might in some way verify who I was and who he was, he offered attend garda station with license in an hours time. I don't think that he was dealt with with the minimum of inconvenience - but that aside as you will see above he consented to the search so end of!
If he doesn't then maybe he should be thankful that they went easy on him rather than complaining about them carrying out a search to which he voluntarily acceded?
Ney - I have to say that even though your other half gave permission, he probable had little choice in the matter. If he refused, then they prob would have hauled him in, or at least taken up hours of his time, maybe they would have impounding the Jeep (and the bricks 
).
I can see why you would be angry, but as clubman said, and I tend to agree, your other half is more than likely going to get away with no penalty points, so although they maybe flexing their authoritive muscles, they could have gone harder on him.
my opinion - Just forget about it, we all have to kiss a little a$$/take crap from time to time, for the sake of an easy life.
).I can see why you would be angry, but as clubman said, and I tend to agree, your other half is more than likely going to get away with no penalty points, so although they maybe flexing their authoritive muscles, they could have gone harder on him.
my opinion - Just forget about it, we all have to kiss a little a$$/take crap from time to time, for the sake of an easy life.
Actually he is not complaining - we were simply confused by the whole situation i.e why the vehicle would be searched in the first place and was not having id enough reason to conduct a search of a vehicle and ask are you carrying drugs - that's it - that's all there is to it!
OP never said they were complaining or angry - she was just questioning the legality and / or normality of the incident.Why was he stopped in the first place? they usually have reason, speeding, no tax etc.
when I was younger I used to be stopped alot and searched (mainly looking in the booth) I think the reason was because I always drove cars that looked like they were dragged from the crushing machine in the junk yard.
when I was younger I used to be stopped alot and searched (mainly looking in the booth) I think the reason was because I always drove cars that looked like they were dragged from the crushing machine in the junk yard.
Are you asking us? Or are you not quite sure?
The gardaí were doing tax checks, they had stopped a number of cars on front of him and waved him on, they checked his disk (in date) and then asked him for his license - and they rest as they say is history. Really he was just confused as to the reason he was picked to be searched, he had a valid story as to where he was coming from and indeed where he was going - and his demeanor/attire/attitude did not warrant a question as to whether or not he was carrying drugs and/or a search of the vehicle.
Obviously I am not sure since all I have to go on is the partial information posted here.
Well the following comments seem to me to betray some level of dissatisfaction with the manner in which this incident/search was carried out:
Perhaps the Gardai had received word that someone driving a jeep and "disguised" as a builder had been involved in some illegal activity in the area ?
God will this ever end?
This is all getting a bit silly people. We have established that he gave his consent for the jeep to be searched so that answers the question about the legality of the search. It was legal.
The Garda and indeed anybody can search another person's vehicle, home or person if the person to be searched gives his/her consent for them to do so.
The question as to why they asked to search his jeep we will never know. I dont know what the Garda suspected or why. The only way that would of been evident was if the person had refused the search and the Garda then invoked a statutory power (if possible).
We can all speculate, we will never know for sure.
This is all getting a bit silly people. We have established that he gave his consent for the jeep to be searched so that answers the question about the legality of the search. It was legal.
The Garda and indeed anybody can search another person's vehicle, home or person if the person to be searched gives his/her consent for them to do so.
The question as to why they asked to search his jeep we will never know. I dont know what the Garda suspected or why. The only way that would of been evident was if the person had refused the search and the Garda then invoked a statutory power (if possible).
We can all speculate, we will never know for sure.
I doubt they could. I would never let them search unless they invoke a statutory power.
What are you on about.. People that smuggle drugs, etc., dont have a sign on the side saying "drug smuggler". They try to blend in. If a guard stops a car or jeep for some reason and that driver has no id, whats the guard supposed to do.... Of course he has to ask questions and you said that your husband consented to the search. As mentioned above he is lucky he is not getting penalty points. Also very good point above that if your jeep was stolen you would be damn glad the guard asked a few questions. I think you should call the ombudsman alright and tell him you found a guard that does a bit of work......
April Raine
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sorry replied to wrong post!
April Raine
Registered User
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agreed. asking do you mind if we search is a sort of trick question - they are gambling people do not know their rights. would never let them near my car uinless they invoke law and tel me what law
April Raine
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Best way to answer their questions is with another question
Do you mind if we search your car?
Am I legally obliged to let you and if so under what law?