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  1. #11
    Join Date
    Nov 2009
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    20

    Default Re: Is It Legal to Receive Tickets when You're Parked in Your Own Driveway

    Quote Quoting BOR
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    Here is what you asked in your 1st post; How can you receive a ticket when you're in the driveway of your own residence?????

    The Q was answered correctly, it is not UNconstitutional. You mention nothing about the actual charges being supported by facts, as in you are innocent.
    Quote Quoting BOR
    View Post
    Then your gravaman is one of innocence.

    I have never read a case where the argument was one of can an officer ticket you on private property for crimes commited on a public road. I have though read cases where a person has argued, say they were speeding in a Mall parking lot, private property, the officer does not have criminal law jurisdiction to cite, per the defendant, as the crime was not committed on a road highway.

    IF you argue the state has NO criminal law jurisdiction to cite on PP, the burden is on you to prove it. If you simply tell the court it is UNconstitutional, it may or may not cite law, just rule.


    As I stated, a home entry is quite constitutionally different from a non home arrest/cite. A citation and or arrest requires probable cause, you are claiming innocence, so be that. The officer charged under oath with PC. He can "Seize" you, which a citation is, a temporary seizure, on private property.


    You have to show the court why this seizure was UNconstitutional, either by federal or state law.



    Why that was kind of you to say my cyber friend.
    Excellent reasoning here . For the person who stated that I would be risking embarrassment, I disagree. The town board meeting is only the first step I'm going to take, and my purpose is two-fold: to let the entire village know about the corrupt practices of the Malverne PD against its own citizens, and to ask the board itself (with the village attorney being present there as well) if they know the law regarding this.

    My mother is also going to speak before me. The same night the incident occurred, she (and my brother) were witnesses to this. One of the police officers asked her if she could spell correctly when she was trying to read his name on his badge, and he also questioned the upbringing of her children.

    On top of that rudeness, she also saw a Malverne cop trying to pull over people for speeding while he was perched behind a tree with a radar gun. If he caught people speeding, he would then signal a cop car a few blocks away to pull the offender over. This is ENTRAPMENT, and she's going to bring that up as well before I officially speak. I am a fighter for justice, and they can't get away with this. I don't care who you are...we're all human beings, and when the law is being flagrantly misused, something must be said about it.

    P.S. To the poster above who brought up robbery, this is a supposed TRAFFIC VIOLATION. Robbery has nothing to do with it. If you brought up a what-if murder scenario, that's also ridiculous.

  2. #12
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,310

    Default Re: Is It Legal to Receive Tickets when You're Parked in Your Own Driveway

    The only way you are going to prevail in this is if you can find some state law that REQUIRES the police to initiate enforcement at the MOMENT of observation. Since no such law exists, you will not have any luck there.

    Do you really believe that the police have to initiate a detention within a couple o seconds of the observed violation or it is no good?

    As to the violation, it is the code section that you are charged with, not the three or so words written on the citation. No matter what the officer wrote for the narrative it is the code section that will spell out the elements of the offense for which you are charged, and it is that section you will have to defend yourself against.

    The officer observed you commit the suspected violation ... the officer followed you for a way and then activated his lights thus affecting a detention ... he issued you a citation for the offense that he observed you make ... that's the way it is done.

    You have written nothing that is either unlawful or poor practice.

    Quote Quoting PD187540
    View Post
    On top of that rudeness, she also saw a Malverne cop trying to pull over people for speeding while he was perched behind a tree with a radar gun. If he caught people speeding, he would then signal a cop car a few blocks away to pull the offender over. This is ENTRAPMENT
    Would you care to cite some case or statutory law in your state that indicates that this is some form of unlawful "entrapment"? Typically, entrapment consists of an agent of the state offering unusual enticement to an otherwise law abiding person to commit an offense ... such as through the offering of outrageous sums of money or other incentives. Please explain how the officer running radar and, perhaps, calling another officer to make the stop meets the legal definition of "entrapment"?

    If you do not want your city officers doing speed enforcement, just say so! But, it is NOT entrapment.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  3. #13
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Is It Legal to Receive Tickets when You're Parked in Your Own Driveway

    Quote Quoting PD187540
    View Post
    Excellent reasoning here . For the person who stated that I would be risking embarrassment, I disagree. The town board meeting is only the first step I'm going to take, and my purpose is two-fold: to let the entire village know about the corrupt practices of the Malverne PD against its own citizens, and to ask the board itself (with the village attorney being present there as well) if they know the law regarding this.
    Until Payton was decided, linked, there was confusion among the US courts of whether a non warrantless entry of a home could be made for a felony. The SC answered that in the negative. Later in Welsh v. Winsconsin, they broadened it to misdemeanors.


    As I said, a home invasion is quite different from an arrest/cite OUTSIDE the home. Inside, absent exigent/emergency circumstances, a warrant is needed. Outside the home, I have never seen any law which prohibits it, except as Carl just pointed out, if you can not point to a law/ state constitutional provision that a pull over must be immediate, or such, your argument will be fatally defective.


    http://supreme.justia.com/us/445/573/case.html

  4. #14
    Join Date
    Nov 2009
    Posts
    20

    Default Re: Is It Legal to Receive Tickets when You're Parked in Your Own Driveway

    I will conduct my own research into this, and I will consult a traffic law attorney as well, given my particular instance. That's all there is to it.

    You can't even feel safe in your own town anymore, let alone your own house!

    Here's the plan so far: my tickets tell me to appear in court on Feb. 9, 2010. I won't go to the town meeting this week and discuss it. I should present my case in February, and if they DON'T drop the tickets and fine me the max, then I will take this to the highest court possible and go to the town board meeting at that time.

    In the meantime until then, I will do my research on what's constitutional, what's not, case precedents, etc. Apparently, none of you have offered any specific instances so far.

  5. #15
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    Aug 2007
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    Default Re: Is It Legal to Receive Tickets when You're Parked in Your Own Driveway

    Quote Quoting PD187540
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    In the meantime until then, I will do my research on what's constitutional, what's not, case precedents, etc. Apparently, none of you have offered any specific instances so far.
    There is a maxim used at times that an act is unlawful if there is no law that directly authorizes it, not so. Go to a law library and Shepardize Payton and Welsh, then let us know.

  6. #16
    Join Date
    Nov 2009
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    20

    Default Re: Is It Legal to Receive Tickets when You're Parked in Your Own Driveway

    Since this seems like I'm already in court defending myself on here, to which all of you seem like you're defending the cops (or are cops), I will not seek any more advice on this website.

    Is anybody commenting on my post actual lawyers who know what the law is??? What are your credentials exactly? Unless an actual lawyer offers legal advice on this thread, I will not take any of these posts into consideration.

  7. #17
    Join Date
    Jan 2006
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    38,534

    Default Re: Is It Legal to Receive Tickets when You're Parked in Your Own Driveway

    take the advice for what it is

    you go and tell the judge the cop was trespassing and he had no right to ticket you on private property and that next time you are going to kick the cops ass.

    that will get them to listen to you.

    go get 'em.

  8. #18
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    Aug 2007
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    Default Re: Is It Legal to Receive Tickets when You're Parked in Your Own Driveway

    Quote Quoting jk
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    take the advice for what it is

    you go and tell the judge the cop was trespassing and he had no right to ticket you on private property and that next time you are going to kick the cops ass.

    that will get them to listen to you.

    go get 'em.
    If he would have read the disclaimer first, he would know about the volunteers and I/we would not have wasted our valuable time if all he wanted was a lawyer's opinion, period.

  9. #19
    Join Date
    Aug 2006
    Posts
    563

    Default Re: Is It Legal to Receive Tickets when You're Parked in Your Own Driveway

    Quote Quoting jk
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    take the advice for what it is

    you go and tell the judge the cop was trespassing and he had no right to ticket you on private property and that next time you are going to kick the cops ass.

    that will get them to listen to you.

    go get 'em.
    yes i think thats best too

  10. #20
    Join Date
    Jan 2006
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    38,534

    Default Re: Is It Legal to Receive Tickets when You're Parked in Your Own Driveway

    Quote Quoting BOR
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    If he would have read the disclaimer first, he would know about the volunteers and I/we would not have wasted our valuable time if all he wanted was a lawyer's opinion, period.

    sshhhhh!!!. I'm hoping he takes me as being serious and does yell at the judge.

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