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  1. #1
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    May 2012
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    Default Can a State Trooper Use a Driveway for Traffic Patrol and Issue a Citation from There

    My question involves police conduct in the State of: Oregon

    Can a state trooper parked in a driveway observe a moving violation and ticket the driver from there?

  2. #2
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    Toledo, OH
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    Default Re: Can a State Trooper Use a Driveway for Traffic Patrol and Issue a Citation from T

    Yes. What makes you think that sitting on private property in any way prohibits him from doing his job?
    I'm not a lawyer, but I play a researcher on the internet!
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  3. #3
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    May 2012
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    Default Re: Can a State Trooper Use a Driveway for Traffic Patrol and Issue a Citation from T

    It was a rumor going around the office. I'm trying to find regulations or other information, but not having any luck.

  4. #4
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    Default Re: Can a State Trooper Use a Driveway for Traffic Patrol and Issue a Citation from T

    I'm trying to find regulations or other information, but not having any luck.
    That's because there AREN'T any regulations prohibiting a cop from acting simply because he is sitting on private property when he witnesses a crime or violation.

    Does the rumor-monger also fancy that the cop can't act if he witnesses a murder in progress, because he's sitting on private property? Silliness.
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
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  5. #5
    Join Date
    May 2012
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    Default Re: Can a State Trooper Use a Driveway for Traffic Patrol and Issue a Citation from T

    I think the rumor had more to do with the cop using private property for traffic patrol.

  6. #6
    Join Date
    Sep 2011
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    Default Re: Can a State Trooper Use a Driveway for Traffic Patrol and Issue a Citation from T

    The owner of the property is free to complain. The officer will be required to use another driveway.
    With enough thrust, pigs fly just fine.
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  7. #7

    Default Re: Can a State Trooper Use a Driveway for Traffic Patrol and Issue a Citation from T

    Any place that a member of the public can put their vehicle, so too can police. You don't get permission from someone when you use their driveway to turn around, and similarly police can typically use "open access" spaces, even on private property, for short periods of time, until and unless the private property owner asks them not to (for example, if the homeowner returns home and says "hey, move your butts outta my driveway", police would be obligated to comply).
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  8. #8
    Join Date
    Jan 2011
    Location
    Indianapolis, Indiana
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    Default Re: Can a State Trooper Use a Driveway for Traffic Patrol and Issue a Citation from T

    Here in Indianapolis, off duty officers may be paid to provide security on private property in the expectation they will enforce Indiana laws.

  9. #9
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    Toledo, OH
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    Default Re: Can a State Trooper Use a Driveway for Traffic Patrol and Issue a Citation from T

    Ohio too. Probably most other states as well.

    I suspect our OP's rumor monger was engaging in wishful thinking.
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
    I'm training for the MS Society's Bike to the Bay - and blogging about it!

  10. #10

    Default Re: Can a State Trooper Use a Driveway for Traffic Patrol and Issue a Citation from T

    Unless you work for a PD that does not issue a hat as part of the uniform. In the 70s one of my traffic stops tried to use that defense in court. It did get a chuckle out of the judge.

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