Question:

I have a question about rights regarding police.?

by  |  earlier

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I'm just curious. if i'm stopped randomly by police, while driving to check for licence, tax, insurance etc and i voulinterily take a breath test, when asked ,and pass it. can they still ask me to 'step out of my car', and remove the keys from my ignition, when i have been nothing but polite, and patient and have no record whatsoever. then i had to wait for 40 minuits while they 'checked something out' . I missed most of a funeral.then after asking me where i was going, with who, when, blood type shoe size etc they then just sent me on my way, without so much as an apology or explanation.

i live in dublin, ireland. and have a full licence and insurance.

do i have any recourse here or are they allowed to do this at will?

is there a point there where i could have refused to ansewer or objected?

do i have any rights to knowing why i am being stopped for so long and questioned?

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4 ANSWERS


  1. Not sure about Ireland as the situation over there is a bit different (at the moment anyway) from England but I would have thought after stepping out of your car and complying with that request then when they start asking this that and the other you should be entitled to ask why and get an answer.If you were not under arrest then I would have thought there was no legal reason for you to stand around for 40 mins. I would definitely think you have a very good right to know why you were stopped and what the "something" was they were checking out.Complain to your police authority .


  2. Im afraid to say all that would happen if you refused to answer the questions is the police officers would turn the random stop and search into something much more serious and they would most likely take you to the station, however you can lodge an official complaint to the irish police department by taking the license plate and time and road

  3. do not refuse

  4. I can't answer for Ireland, but here in the US you need to know the following phrases:

    1. I do not consent to this encounter.

    2. Am I being detained? (if "no", proceed to question 3.)

    3. Am I free to go?  (if "yes", go. Leave immediately.)

    Other things to know:

    1. If you are being detained, say NOTHING. Nada. Zip. Zilch. Note: you must identify yourself, however.

    2. Never consent to a search, even if you have nothing to hide. If the police ask, they're fishing; if they have probable cause, they don't need your consent.

    3. Even if if the police give an unlawful order, comply but state that you believe it to be an unlawful order.

    4. Let the judge settle disputes betweeen you and the police.

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