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Arrested for insufficient ID

I was stopped by a Garda and asked for my details. I provided my name and address but when asked I refused to give my date of birth for no other reason than my understanding is I am not legally obliged. I did this with courtesy and despite providing three items of identification, one being a credit card, another my bank card and the last being photographic ID, I was arrested and brought about four miles to the Garda Station until my details could be verified. I was booked in and requested a Solicitor. I was released within minutes of my request without a Solicitor arriving. Despite being released as a fact of my details being verified the Gardai withheld my photographic ID against my will. Is this illegal and was my arrest and detention legal? What recourse do I have. Damien.

Hi Damien. It is clear that the Garda who arrested you,wasn’t satisfied with your ID and the question is, was he/she reasonable to form the opinion that the ID was unsatisfactory. In all of this I presume you were driving and not on foot. And I suspect from the question that you didn’t have your licence with you – which you are required by law to have. This, and your refusal to give your date of birth may have lead the Garda to suspect that you were not who you said you are and if that was a reasonable suspicion on the Garda’s part he/she would have had a right to arrest you

Having said that - from what you say and from the conduct of the Gardai in the station I suspect that they feel that they went beyond the bounds of reason and you should contact the Garda Ombudsman and ask them to conduct a full investigation into the matter.

When the Garda Ombudsman reports then you can take the results to a Solicitors and ask them to bring a civil case against the Gardai.  www.gardaombudsman.ie


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