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  1. #1
    Join Date
    Jun 2005
    Location
    manhattan, IL
    Posts
    2

    Default Police Procedures for Speeding Tickets

    I recently got pulled over for speeding. For going 42 in a 30.

    My question is, is it legal for a cop to be stopped in a private driveway while radar-ing traffic? (This driveway also has 2 signs that say “no trespassing”). So the way some one told me to fight the ticket is to say that the cop pulled me over while doing an illegal action (trespassing).

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Officer in Private Driveway

    The property owner might have cause to object to the officer's presence in the driveway; but that right is ordinarily restricted to that person. The officer observed you on a public road, violating the speed law - I doubt that a court would be very interested in a protestation that he was improperly parked at the time, even assuming the property owner backed you up.

  3. #3
    Join Date
    Aug 2005
    Posts
    117

    Default

    I would first file a motion to supress all evidence collected and submitted by the cop under the fruit of the poison tree doctrine.

    If that failed I would subpoena the radar gun manual, the repair record, the calibration record, AND an FCC license to operate the frequency if it were not a laser gun, AND the officers grades he received during radar training, and then I would utterly gut the cop on the stand and let him intellectually soil himself. It goes like this; How would you describe yoru training and understanding of the use operating principle of the radar gun-poor, good, or excellent? They will always say excellent. Then ask: Then for the court can you tell me what the word RADAR means? When he flunks that, ask incredulously "isn't it an acronym for RAdio Detection And Ranging?! Then ask; Could you describe for the court the Doppler Effect? When he flunks that one, ask; "Isn't the Doppler Effect the most basic yet primary operating principle of the radar gun?!" When he mutters something, Ask him; "I am having a hard time here, you testified under oath that your understanding of the use of the radar gun and your training was excellent, you testified that your understanding of the operating principle was excellent, yet you just testified you don't have the slightest clue to the most basic element of its operation?! Then state; I appreciate you finally changing your testimony and finally telling the truth over your previous testimony, but how do you reconcile that contradition in your own sworn testimony?!" Is there any other testimony that you wish to change now?

    Ok, that was just two base questions, I have well over 50 more, so as you can see, I would turn them in short order into spineless jellyfish on the witness stand. Since you will rarely get actual justice, the whole excercise is primarly to piss of crook judges and get them to make a procedural mistake of which I would capitalize on as irreversible error, then get the appelelate courts to remand back down, then move to dismiss as an un-retriable infraction under People V Bignatti. Some rare, honorable judges actually know and follow the law, for them the secondary purpose is to impeach the credibility of the states witness, aka the cop.

    During the cops opening, the second he opened his mouth about how he observed you travelling at a rate of speed about OBJECTION! No foundation.....then I would proceed to let them figure out what that means rather than telling the judge how to do his job.

    If he failed to bring the radar manual, I would move the court to find him in contempt of court for disobedience to a lawful subpoena duces tecum and demand exclusion of evidence and monetary sanctions. If he failed to bring in a copy of the FCC license to operate the frequency, then on the stand I would ask him if the radar gun uses a radio frequency. If he says yes, I would ask him if he knows that the Federal Communications Commission regulates and licenses freqency use. Regardless of what he says, ask him if he brought the FCC licence with him that legally allows him to use that specific frequency. When he says no, your back to asking for a evidentiary exclusion and contempt/sanction finding, and then I would argue that the use of a frequenecy without a license is illegal and thus all evidence collected as a result of the illegal activity is inadmissable under the fruit of the poison tree doctrine.....

    Usually what happens with me is after about 20 minutes of me pulling this type of shenanigans, most crooked judges with so screw up they so mad that I get them to fall into Rules of Court traps which is what I intended in the first place, as you rarely will ever win on the merits, your money is to valuable that they can let little issues like binding published appellate court decisions and the Constitution of the United States stand in their way of taking your $!

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