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Officer on Private Property Using Radar

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  • 09-24-2010, 07:28 AM
    fredskidoo
    Officer on Private Property Using Radar
    My question involves a speeding ticket from the State of: California

    Are there any laws concerning an officer being on private property i.e. a driveway and using radar or other means to cite someone for speeding?

    In my case the officer was well concealed
    in this particular driveway. I have since returned to the street to take photographs and, not surprisingly, was able to photograph two officers (motorcycle) parked in this very same driveway waiting for speeders (I presume).
  • 09-24-2010, 08:18 AM
    flyingron
    Re: Officer on Private Property Using Radar
    What makes you think that cops aren't allowed to be sneaky or operate from private property?
    At the worst it would seem that the property owner might have a complaint, but frankly, on my street, I told the cops they can sit in my driveway (it's at the bottom of the hill and I've got mature trees immediately adjacent) anytime they want if it will decrease the reckless speeds used on my residential street.
  • 09-24-2010, 11:18 AM
    aardvarc
    Re: Officer on Private Property Using Radar
    And, part of most driveways contist of several feet (or more) of easement as well, which isn't going to be considered "private property" in such cases. If any member of the public could pull into that driveway to, for example, dig out and read directions, check a map, answer their cell phone, turn around because they missed their street, or other lawful purpopse, then there's no reason why law enforcement couldn't make use of the area for periods of time as well, particularly if that presence doesn't interfere with the owner's ingress or egress. (Note that even the lowest forms of trepass generally require there to be either notice by the owner, OR criminal intent to enter and remain on the property. Just as sitting in a random driveway to check a map or make a phone call won't generally be seen as "remaining", so to is law enforcement not going to be subject to an unlawful remaining for sitting there and running radar for a while.)
  • 09-24-2010, 12:14 PM
    davidmcbeth3
    Re: Officer on Private Property Using Radar
    Quote:

    Quoting fredskidoo
    View Post
    My question involves a speeding ticket from the State of: California

    Are there any laws concerning an officer being on private property i.e. a driveway and using radar or other means to cite someone for speeding?

    In my case the officer was well concealed
    in this particular driveway. I have since returned to the street to take photographs and, not surprisingly, was able to photograph two officers (motorcycle) parked in this very same driveway waiting for speeders (I presume).

    Just general trespassing laws; you can send your pictures to the owner of the land & see if they would like to do anything about it. But they were not trespassing if the owner did not tell them to leave his land. But he could tell them to stay off in the future if he wished.
  • 09-24-2010, 11:43 PM
    adam_
    Re: Officer on Private Property Using Radar
    Sounds like it was a cite on a street that requires a speed survey...

    Is it current?
  • 09-25-2010, 05:51 AM
    fredskidoo
    Re: Officer on Private Property Using Radar
    Well thank you for your unabashed opinions flyingron and aardvarc BUT as I clearly stated:

    Quote:

    Quoting fredskidoo
    View Post
    Are there any laws concerning an officer being on private property i.e. a driveway and using radar or other means to cite someone for speeding?

    is the question I am asking here on the "ExpertLaw" discussion forum. So rather than
    create conjecture and speculation how about just
    the facts.

    Thanks all . . .
  • 09-25-2010, 07:31 AM
    cyjeff
    Re: Officer on Private Property Using Radar
    Quote:

    Quoting fredskidoo
    View Post
    Well thank you for your unabashed opinions flyingron and aardvarc BUT as I clearly stated:



    is the question I am asking here on the "ExpertLaw" discussion forum. So rather than
    create conjecture and speculation how about just
    the facts.

    Thanks all . . .

    Fine.

    No, there are not.
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