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When searched

Know your rights and stay calm if you're searched.

Article by : SpunOut.ie

Be polite. You're only making matters worse if you're rude, panic or lose your temper. If you are searched or your property or home is searched:

  • You can be searched in your home, at work, on the street or in your car. 
  • Ask to see the identification  (or identity number) of the person searching or arresting you. You have a legal right to know this and it can help prevent harassment.
  • If a search is more than just a ‘pat down' over your clothes then it must be carried out by someone of the same sex as you (so if you're a girl then a female officer must search you).
  • Ask why they want to search you or your property and under what legal act. If you're worried that a search has been carried our illegally, you should get legal advice ASAP.
  • If your property is searched, then they can take away anything that can be used as legal evidence against you. Make a list of any items that the Gardaí or police take away with them. Also note the way that the search was carried out (in a respectful way, damaging your property, intimidating, etc).
  • The Gardaí or police can ask to look at your computer.
  • Ask for a record of the search. This means that if you feel there was no good reason for the search or it wasn't carried our properly, at least you have proof that the search happened.

If you are not happy with the way you were treated you can contact the Garda Ombudsman:

The Garda Ombudsman is an organisation that deals with complaints made by members of the public concerning the actions and behaviours of members of the Garda Síochána. The Obudsman aims to provide the public with an independent supervision of the Gardai, and to deal with the public’s complaints concerning Gardaí in an efficient and timely manner.

Phone: LoCall 1890 600 800
Web: www.gardaombudsman.ie/
Email: info@gsoc.ie

 

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