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  1. #26
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    Quote Originally Posted by skigoggles View Post
    LOL.

    It's legal and it's not a trap.

  2. #27
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    Quote Originally Posted by Jhelrey View Post
    Plymouth PD in MN always sat in this one driveway off of Hwy 55 and 101. They must have gotten the boot because they have not been in that driveway for a year plus
    I'm sure it had nothing to do with getting a "boot", I can think of a dozen or so spot's I would sit at day in and day out. But the well will eventually run dry. So I move on and find another spot.

    Or, I was reassigned to another area...

  3. #28
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    Quote Originally Posted by 2wheeldep View Post
    I'm sure it had nothing to do with getting a "boot", I can think of a dozen or so spot's I would sit at day in and day out. But the well will eventually run dry. So I move on and find another spot.

    Or, I was reassigned to another area...
    Exactly, if people feel like there is "always" an officer there, it is no longer a very fun place for an officer to be. I rarely park my car in places that other people park. I try to find the most unexpected places, otherwise, I'll just drive around.

    If I want to just park and watch cars to find non-speed violations, I'll go sit in the "popular" spots, no sense giving mine away if I'm not looking for speed.

  4. #29
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    A rat trap is only a problem if you are a rat, if your not a rat you just walk right by......... People request speed enforcement all the time and even ask that we sit in their driveway. They even bring me soda or coffee. The majority of the driving public actually supports traffic enforcement, as long as they don't get the ticket.
    I have the heart of a child..................................No really, it is in a jar on my desk.

  5. #30
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    Quote Originally Posted by PRESSHRD5COPIES View Post
    The majority of the driving public actually supports traffic enforcement, as long as they don't get the ticket.


    That is one of the most profound statements I have seen in a long, long time!



    The comments above reflect my personal opinion as a private citizen, ordinary motorist and all-around good guy.

    The aforementioned advice should not be construed to represent any type of professional opinion, legal counsel or other type of instruction with regard to traffic laws, judicial proceedings or official agency policy.

    ------------------------------------------------

    "Ignorance on fire is hotter than knowledge on ice."

  6. #31
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    Quote Originally Posted by Seventy2002 View Post
    I've had people invite us to park in their driveways and catch the speeders in their neighborhood.

    Best concealment job I ever saw was an officer who put a civilian raincoat over his uniform and stood at a bus stop with the radar gun concealed in a shopping bag.
    I think it was last summer, Illinois troopers worked construction zones with LIDAR. One trooper in a construction outfit with traffic vest, hard hat, etc. tagged the cars and radioed to marked cars up ahead.
    My posts are sometimes educated, sometimes informed, and sometimes blowing smoke...but they are mine and mine alone and do not reflect on anyone else (especially my employer).

  7. #32
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    Quote Originally Posted by phillyrube View Post
    Oh yea, we can sit in driveways, hide behind bushes, under rocks.....wherever......
    We use snowbanks up here, it drives people crazy.

  8. #33
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    Quote Originally Posted by PRESSHRD5COPIES View Post
    A rat trap is only a problem if you are a rat, if your not a rat you just walk right by......... People request speed enforcement all the time and even ask that we sit in their driveway. They even bring me soda or coffee. The majority of the driving public actually supports traffic enforcement, as long as they don't get the ticket.
    I can recall countless times we had base personnel and/or unit commanders demanding speed enforcement in their area. Naturally we didn't have too but we did because we wanted a good report with the units. So we would setup a radar trailer then park down the street in a unmarked vehicle or something behind a bush or whatever was handy and just nail people all day long.

    The best part was asking if they saw the radar trailer then having them explain why they continued to speed.

    We also would make as much noise as possible. Lights and sirens for every stop even if we were going only a short distance.

    There was a Commanding General of a unit (a real big cheese) that wanted speeding enforced in front of his building that was across from the medical station. We setup in a driveway of the med station out of sight but just enough that the radar could track the cars. I think we 13 cites in a few hours and the med station staff were having a cookout and enjoyed watching us catch speeders that they gave us a free lunch.

    In the short we can do whatever is necessary to catch speeders as long as we are not breaking the law our selves.

  9. #34
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    Quote Originally Posted by phillyrube View Post
    Oh yea, we can sit in driveways, hide behind bushes, under rocks.....wherever......
    ROFLMAO...

    Reminds me of the time a former chief called in the motor unit after a complaint they were hiding and not giving morons a fighting chance.

    July and about 110 in the shade, m/o was just catching a cool breeze in the shade of a large ok tree. Dark uniforms, high boots, vest and no a/c can sap you quick.

    After #1 got reemed and gave #2 a heads up, #2 walked in the chiefs office with branches duct taped to his helmet and protruding from his epaulets. Looked like jungle sniper...Chief blew a gasket and started screaming

  10. #35
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    Quote Originally Posted by skigoggles View Post
    LEGAL.

  11. #36
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    Quote Originally Posted by katseiye View Post
    ROFLMAO...

    Reminds me of the time a former chief called in the motor unit after a complaint they were hiding and not giving morons a fighting chance.

    July and about 110 in the shade, m/o was just catching a cool breeze in the shade of a large ok tree. Dark uniforms, high boots, vest and no a/c can sap you quick.

    After #1 got reemed and gave #2 a heads up, #2 walked in the chiefs office with branches duct taped to his helmet and protruding from his epaulets. Looked like jungle sniper...Chief blew a gasket and started screaming
    That is just all around awesome!!!!
    Prov 17:17 A friend loveth at all times, and a brother is born for adversity.

  12. #37
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    I'm going to show my star wars junkieness for a min, thats a funny picture of admiral ackbar.

    that said, I don't have a house but if I did...officers would have a standing invitation (sp?) to run radar in the driveway.

  13. #38
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    Back to the question

    Granted, the original question could've been worded better but I’d like to take this back to the original question. Aside from the personal opinion of the law enforcement community how does this type of enforcement hold up in court before a judge? I understand and agree that you are doing the community a service and most property owners would want a patrol car performing speed enforcement from their property. That being said, it stands to reason that someone who is ticketed can later go to the property owner asking if they were aware that their property was being used for enforcement. What if a defendant presented a signed affidavit from the property owner? Has anybody come across this scenario?

  14. #39
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    Quote Originally Posted by Black_N_bluE View Post
    Granted, the original question could've been worded better but I’d like to take this back to the original question. Aside from the personal opinion of the law enforcement community how does this type of enforcement hold up in court before a judge? I understand and agree that you are doing the community a service and most property owners would want a patrol car performing speed enforcement from their property. That being said, it stands to reason that someone who is ticketed can later go to the property owner asking if they were aware that their property was being used for enforcement. What if a defendant presented a signed affidavit from the property owner? Has anybody come across this scenario?
    Well, in most areas, the first ten to twenty feet or more off of the roadway are actually right of way, so the "property owner" in your scenario doesn't actually own it and has no say in the matter. Even if it the area the officer was sitting on was private property, it wouldn't have any impact on the citation - the offender was still speeding.

  15. #40
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    Since my 1st response to this thread, I've had that exact defense on a speed citation. Defendant had an attorney and one of his arguments was; that I was parked on private property. The attorney even cited case law regarding the a particular case.

    Which led me to have even more respect for our superior court judges. This traffic court judge was able to elaborate on the case law. The officer was on private property and witnessed the owner of the property committing a felony on his own property. His attorney argued the officer did not have a right to be where he was at the time of his observation. The officers testimony was dismissed, but it was all the other evidence the state had and the defendant was still convicted.


    Now back to the bases of this thread. An officer may be on private property with or without the property owner’s consent to observe violations on public property.

    In my speed citaiton case the defendant was found guilty.

  16. #41
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    Quote Originally Posted by Black_N_bluE View Post
    Granted, the original question could've been worded better but I’d like to take this back to the original question. Aside from the personal opinion of the law enforcement community how does this type of enforcement hold up in court before a judge? I understand and agree that you are doing the community a service and most property owners would want a patrol car performing speed enforcement from their property. That being said, it stands to reason that someone who is ticketed can later go to the property owner asking if they were aware that their property was being used for enforcement. What if a defendant presented a signed affidavit from the property owner? Has anybody come across this scenario?
    Well that would depend on whether the party of the first part had the consent of the party of the second part to approach the party of the first part with an ex parte motion in limini to address the said property in question

    Have the best trap day ever!
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  17. #42
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    Quote Originally Posted by Black_N_bluE View Post
    Granted, the original question could've been worded better but I’d like to take this back to the original question. Aside from the personal opinion of the law enforcement community how does this type of enforcement hold up in court before a judge? I understand and agree that you are doing the community a service and most property owners would want a patrol car performing speed enforcement from their property. That being said, it stands to reason that someone who is ticketed can later go to the property owner asking if they were aware that their property was being used for enforcement. What if a defendant presented a signed affidavit from the property owner? Has anybody come across this scenario?
    Ummmm........It holds up in court just fine, because it is totally legal
    What most people who ask these "is this legal" questions do not seem to understand is that if a Police Officer is doing it, then it is legal for them to do so
    Last edited by R.A.B.; 05-14-2009 at 06:54 PM. Reason: added on to post
    " I DON'T WANT A LARGE FARVA!"

  18. #43
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    If I can't sit on private property watching speeders then I guess I can't sit on private property staking out a business for armed robbery either. Using the logic of some if I saw the armed robbery take place I couldn't take any action because I was sitting on private property.
    183 FBINA

  19. #44
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    I sat in a guys driveway once, but the pavement was cold so I left...

  20. #45
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    Quote Originally Posted by PRESSHRD5COPIES View Post
    A rat trap is only a problem if you are a rat...
    Or a bored drunk. Just sayin'.

    Yes, its legal. I've been invited to camp in multiple driveways by property owners tired of yahoo drivers.

  21. #46
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    Quote Originally Posted by 2wheeldep View Post
    Since my 1st response to this thread, I've had that exact defense on a speed citation. Defendant had an attorney and one of his arguments was; that I was parked on private property. The attorney even cited case law regarding the a particular case.

    Which led me to have even more respect for our superior court judges. This traffic court judge was able to elaborate on the case law. The officer was on private property and witnessed the owner of the property committing a felony on his own property. His attorney argued the officer did not have a right to be where he was at the time of his observation. The officers testimony was dismissed, but it was all the other evidence the state had and the defendant was still convicted.


    Now back to the bases of this thread. An officer may be on private property with or without the property owner’s consent to observe violations on public property.

    In my speed citaiton case the defendant was found guilty.
    Plus, there is no curtilege violation for the violation. He has no standing to expect officers to remain off someone else's property. And it does not negate the fact he was speeding. I don't see how it could be a defense...even in the 9th Circuit.
    My posts are sometimes educated, sometimes informed, and sometimes blowing smoke...but they are mine and mine alone and do not reflect on anyone else (especially my employer).

  22. #47
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    Quote Originally Posted by skigoggles View Post
    I like to park my marked unit next to a tree, open all the doors with my lightbar on and then shimmy up the tree and run radar from there.

    Is that a trap?

  23. #48
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    .......................................
    Last edited by GrayState; 01-25-2013 at 07:15 PM.

  24. #49
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    Quote Originally Posted by katseiye View Post
    After #1 got reemed and gave #2 a heads up, #2 walked in the chiefs office with branches duct taped to his helmet and protruding from his epaulets. Looked like jungle sniper...Chief blew a gasket and started screaming
    ROTFLMAO!!!

  25. #50
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    Quote Originally Posted by RoadKingTrooper View Post
    Well that would depend on whether the party of the first part had the consent of the party of the second part to approach the party of the first part with an ex parte motion in limini to address the said property in question

    Have the best trap day ever!
    Lets have a party for the party of the first part and the party of the second part and serve ex parte's all around!!!

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