You have been informed of a reason why they
suspect you of committing an offence.
You are being assaulted by them and/or
threatened with fear for your personal safety or your life. Survival may be the better option here; play for time but sign nothing.
You also do not have to give them your name and
address unless you are informed you are suspected of committing an offence or
were caught in act of committing one.
The Gardai can only search your vehicle if they
claim a clearly defined reason or they suspect you of having illegal drugs or
firearms. Without a clearly defined reason they cannot search your vehicle,
house, tent, caravan or man-cave without a search warrant.
Make sure you vehicle is taxed, insured, and
has a NCT. Make sure all are in date and you will be on solid ground unless you
stole the car or were suspected of causing an accident
If a Gardai is not in uniform, or without his
hat or badge number and ID, then you do not have to cooperate.
You do not have to tell the Gardai where you
came from or where you are going if you are stopped in your car, and he must
state clearly the reason why you were stopped
Use video and audio when you can
No one is allowed, that includes the Gardai, to
enter or exit your vehicle. All doors can be locked and drivers window down 6mm
to allow communication with them or 13mm to allow breath- testing to be done
through the gap.
In the case of an accident, the police cannot
search you vehicle without a search warrant unless again that they suspect with
good cause that you have drugs in it or there is a firearm there.
If there are other people in the car, they do
not have to indentify themselves at all unless you refused to indentify
yourself
If a Gardai steps outside these rules or tries
to invoke different ones in order to bolster his position, he can face civil
and criminal proceedings. They are citizens too just like you and subject to
law like everyone else.
You do not have to have your driving licence on
you when stopped (It makes life easier if you do) but do have to produce it
within 10 days to a police station. When you do produce it, have it witnessed
and receipted for proof of compliance.
If eventually arrested: say nothing about what
you are being charged with, and do nothing either except to ask for your
solicator ( try not to be a jailhouse lawyer either) and for the name of the
Garda or Gardai who arrested you. The only answer you ever need to give at all
times to them is: “no comment.”
Do not sign anything except the list of your
belongings.
Information is power and the Gardai are not
your friend; they are trying to put you in jail
This basic guide is to protect your rights and
empower you against rogue and dishonest cops. While most cops are good, it is
the few that are left that can destroy an innocent man or be overly harsh
against a good one.
By Barry Clifford
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