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  1. #1
    Join Date
    May 2006
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    7

    Default Re: Police Radar on Private Property

    how about this can a motorcycle police officer in CA park in shoping center drive way and stop people for speeding? isn't the shoping centers are private property?

  2. #2
    Join Date
    Apr 2006
    Location
    CALIFORNIA
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    83

    Default Re: Police Radar on Private Property

    Quote Quoting v331311
    It is lawful until the owner of the property requests the officer leave the scene, unless there is a good reason for the officer to be there (setting up to RADAR someone isn't).

    If you can prove that the officer was told earlier to leave the driveway, and then got you, you probably could get a ticket dismissed on those grounds.
    What V331311 said still applies in the shopping center scenario.

  3. #3
    Join Date
    Sep 2005
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    California
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    20,594

    Default Re: Police Radar on Private Property

    Quote Quoting mugarmuch
    how about this can a motorcycle police officer in CA park in shoping center drive way and stop people for speeding? isn't the shoping centers are private property?
    It is also publicly accessable and the officer can access it as can anyone else.

    It is uncommon for officers to use these areas as they can be problematic when exiting, but they are free to do so if they wish.

    - Carl

  4. #4
    Join Date
    May 2006
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    7

    Default Re: Police Radar on Private Property

    Quote Quoting cdwjava
    It is also publicly accessable and the officer can access it as can anyone else.

    It is uncommon for officers to use these areas as they can be problematic when exiting, but they are free to do so if they wish.

    - Carl
    but how about he is on the way of traffic turning into the shoping center and basically hidden from the people on the road behind a big choping center sign, also i thought a police officer has to visible to the traffic, if i am incorrect can you please provide me with a copy of the law or point me to the right place where to look for such law, basiclly how bad were a police officer can park and stop.

  5. #5
    Join Date
    Sep 2005
    Location
    California
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    20,594

    Default Re: Police Radar on Private Property

    Quote Quoting mugarmuch
    but how about he is on the way of traffic turning into the shoping center and basically hidden from the people on the road behind a big choping center sign
    Not relevent.

    The key is whether or not HE (the officer) has a visual on the traffic so that he can make a visual estimation of speed and then confirm it with the use of a radar or lidar device.

    also i thought a police officer has to visible to the traffic,
    This is a common myth, though true in some states to one degree or another.

    if i am incorrect can you please provide me with a copy of the law or point me to the right place where to look for such law, basiclly how bad were a police officer can park and stop.
    There is no code that says where an officer can "park or stop" for the purpose of enforcement.

    The law states that so long as the officer is in a distinct uniform and a marked vehicle failure to comply with the directions of the officer may constitute a crime (see CVC 2800 et seq.)

    If this is all you have as a defense, look in other directions because this avenue will fail.

    You can also look at CVC 40300 et seq. for further authority.

    And 40800 et seq. describes a "speed trap" and what an officer must be wearing and driving (uniform and marked vehicle) but does no provide for any other exemption from prosecution such as being hidden from view.

    - Carl

  6. #6
    Join Date
    May 2006
    Posts
    7

    Default Re: Police Radar on Private Property

    Quote Quoting cdwjava
    Not relevent.

    The key is whether or not HE (the officer) has a visual on the traffic so that he can make a visual estimation of speed and then confirm it with the use of a radar or lidar device.


    This is a common myth, though true in some states to one degree or another.


    There is no code that says where an officer can "park or stop" for the purpose of enforcement.

    The law states that so long as the officer is in a distinct uniform and a marked vehicle failure to comply with the directions of the officer may constitute a crime (see CVC 2800 et seq.)

    If this is all you have as a defense, look in other directions because this avenue will fail.

    You can also look at CVC 40300 et seq. for further authority.

    And 40800 et seq. describes a "speed trap" and what an officer must be wearing and driving (uniform and marked vehicle) but does no provide for any other exemption from prosecution such as being hidden from view.

    - Carl
    No that was not my defence i am at this point trying to understand the law, my ticket is for vc22350 and under that rule it clearly askes that "22350. No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property."
    so he has to prove on all the conditions and provide the engineering&traffic survey, so let's say he provides the survey still acording to my ticket i was 50+ on max 35 by radar on clear, light traffic, dry street, and day light, so can you tell what evidence can a police officer provide that my speed was not safe, i am not even argue the validity of radar, just wanted to know first when he stoped me he was on the oncoming traffic obstructing them and secondly more detils of section vc22350

  7. #7
    Join Date
    May 2006
    Posts
    7

    Default Re: Police Radar on Private Property

    Quote Quoting mugarmuch
    No that was not my defence i am at this point trying to understand the law, my ticket is for vc22350 and under that rule it clearly askes that "22350. No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property."
    so he has to prove on all the conditions and provide the engineering&traffic survey, so let's say he provides the survey still acording to my ticket i was 50+ on max 35 by radar on clear, light traffic, dry street, and day light, so can you tell what evidence can a police officer provide that my speed was not safe, i am not even argue the validity of radar, just wanted to know first when he stoped me he was on the oncoming traffic obstructing them and secondly more detils of section vc22350

    Also i have oe more question can i request the court trial to be held where I live or close to my work, other wise it's two hour drive for me.

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