Page 1 of 2 1 2 Last
  1. #1
    Forum Member

    Join Date
    Feb 2006
    Location
    Houston, Texas, USA
    Posts
    440

    Can You Write Tickets in Parking Lots?

    Someone had a thread recently about cops in Florida writing tickets in parking lots.

    Since a parking lot is private property and not a public street or highway, city and state laws don't apply, right? So, even if an inspection sticker is expired, and especially if the car is parked and not being driven, can you write a citation? And can you cite for driving the wrong way? in a parking lot??




  2. #2
    Forum Member

    Join Date
    May 2005
    Location
    Dallas / Fort Worth
    Posts
    348
    If i see the driver commit a violation on the public street i can stop it in a parking lot and write a citation.

  3. #3
    Forum Member
    SgtScott31's Avatar
    Join Date
    Nov 2005
    Location
    Tennessee
    Posts
    5,493
    We can write all day long in parking lots. Although it's considered private property, if it is frequented by the public, then it's possible.

    This is in TN of course.

    Although, you must be wearing your hat when you write in a parking lot.

  4. #4
    Forum Member

    Join Date
    Sep 2005
    Location
    Oklahoma
    Posts
    1,874
    Some depts do write in parking lots,some don't.A handicapped parking spot violation at Wal-Mart is a big one around here.
    FILL YOUR HANDS!!!

  5. #5
    Forum Member
    10-32 in KC's Avatar
    Join Date
    Jul 2006
    Location
    Kansas City KS Metro
    Posts
    15
    Only certain traffic offenses in KS can be cited for when committed in parking lots, i.e. DUI, Leaving the Scene, Reckless and of course.....parking. We also have driving through private property to avoid a traffic control device .

    MS
    "It is not how these officers died that makes them heroes -- It is how they lived." - Vivian A. Eney / NLEOMF Wall
    "Nearly all men can stand adversity, but if you want to test a man's character, give him power." - Abraham Lincoln

  6. #6
    Charges-Like-Rhino
    Centurion44's Avatar
    Join Date
    Mar 2005
    Location
    Georgia
    Posts
    1,936
    Quote Originally Posted by the Chools
    Someone had a thread recently about cops in Florida writing tickets in parking lots.

    Since a parking lot is private property and not a public street or highway, city and state laws don't apply, right? So, even if an inspection sticker is expired, and especially if the car is parked and not being driven, can you write a citation? And can you cite for driving the wrong way? in a parking lot??
    Depends on the state, but most traffic laws can only be enforced on the roadway. However there are exceptions. In my state those are parking violations (obviously) and a few select others such as laying drags and reckless driving.

    PS- you see how annoying it is when you write with a light color over a white background? Your not being "creative" or "original" by posting in purple. You're being an annoying ***.
    You have no right to not be offended.-Neal Boortz

  7. #7
    Forum Member
    nebraska_deputy's Avatar
    Join Date
    Apr 2006
    Location
    Gretna, Nebraska
    Posts
    2,033
    Good question.
    Some people were just dropped on their heads as children more than the rest of us!

  8. #8
    Barefoot Ninja
    SRT936's Avatar
    Join Date
    Dec 2003
    Location
    Wisconsin
    Posts
    6,607
    Wisconsin can enforce traffic laws in parking lots as long as the lot is "held open for public use." So Walmart lot, your pinched. Apartment lot, iffy.
    Quote Originally Posted by kontemplerande View Post
    Without Germany, you would not have won World War 2.
    Strong is what's left when you've used up all your weak.

  9. #9
    jakflak
    jakflak's Avatar
    Join Date
    Jul 2003
    Location
    Northern Alaska
    Posts
    3,958
    In Alaska, a roadway is anyplace that is open to public for driving, so all relevent traffic laws apply (even in parking lots). We had a DUI that went to the Alaska Supreme Court where the guy was driving a 4-wheeler on a forest trail. Affirmed and convicted.

  10. #10
    Oh no, it's da Po-Po
    Blackdog F4i's Avatar
    Join Date
    May 2006
    Location
    Indiana
    Posts
    4,821
    Yes, I can.

  11. #11
    Forum Member
    Belle0985's Avatar
    Join Date
    Sep 2006
    Location
    Palm Beach County FL
    Posts
    49
    Nice to know the people I'm going to be working with.
    Last edited by Belle0985; 10-02-2006 at 10:59 AM. Reason: I'm obviously not helpful, and get very rude comments.

  12. #12
    Forum Member

    Join Date
    Jul 2005
    Location
    O-H...
    Posts
    923
    Quote Originally Posted by Belle0985
    -Not LEO-

    When I have been on ridealongs, I have witnessed tickets written for parking in the fire lane in front of the shops which surround the parking lot. Easy ticket, especially because the lanes around the parking lot can only accomodate two cars, so they partially block the flow of traffic there as well.
    Check out the forum rules, Belle0985

  13. #13
    Forum Member

    Join Date
    Jul 2006
    Location
    Oklahoma
    Posts
    242
    Quote Originally Posted by Belle0985
    -Not LEO-
    Then don't answer questions in the ASK A COP section, jackoff.
    BR

    Fresh Cope, It Satisfies, Since 1822

  14. #14
    Senior Veteran
    Vtfuzz's Avatar
    Join Date
    Nov 2000
    Location
    VT
    Posts
    1,504
    In VT, parking lots that are open to the public and driveways that serve more than one residence are fair game.
    "My give a damn's busted"

  15. #15
    Forum Member

    Join Date
    Mar 2005
    Location
    NJ
    Posts
    418

    In NJ

    In the Garden State we have what is known as quasi-public areas- privately owned but obivous intended for public use (i.e. a shopping mall etc).

    All motor vehicle laws apply.
    10% of the cops do 90% of the work

  16. #16
    Forum Member

    Join Date
    Dec 2005
    Location
    midwest
    Posts
    117
    In my area the DUI or reckless driving statutes would be the only ones applicable if it is private property. However, places like shopping malls that are considered private property can allow traffic laws to be enforced. In addition there are many lots that are maintained by the city or state which would be considered public highways under the vehicle code definitions thus allowed all sections of the vehicle code to be enforced.

  17. #17
    Cherub of Justice
    SlowDownThere's Avatar
    Join Date
    Sep 2005
    Location
    New York State
    Posts
    4,141
    It seems the answer depends on where you live.

    In NYS, it's a maybe. depends.
    You can now follow me on twitter.

  18. #18
    Forum Member
    jricks's Avatar
    Join Date
    Mar 2005
    Location
    Kentucky
    Posts
    259
    In Kentucky the roadway is vaguely defined, so parking lots do fit the criteria for roadway.

    For drunk driving law, however, you may not operate a motor vehicle "anywhere" in the Commonwealth, even in your front yard, and can be charged with DUI on a bicycle, horse, horse drawn cart, lawnmower, etc., as a non-motor vehicle.

  19. #19
    Forum Member
    PeteBroccolo's Avatar
    Join Date
    Apr 2001
    Location
    Weyburn, Saskatchewan, Canada
    Posts
    3,428
    Here in Saskatchewan there are a restricted number of Traffic Safety Act (the Provincial Statute, or law, for traffic enforcement) offences that can be committed on a parking lot.

    Parking violations (fire lane, etc) on such lots fall under Municipal By-Law jurisdictions, and the traffic by-laws for most cities in Saskatchewan provide for such enforcement.

    Criminal Code (impaired driving) and Federal Statute (drugs) enforcement in relation to the operation of motor vehicles are completely enforceable on parking lots across Canada.

  20. #20
    Combat Veteran
    MarineGrunt's Avatar
    Join Date
    Jan 2006
    Location
    Illinois, Former South Carolina
    Posts
    369
    In SC there are a few things that can be enforced on private property. Driving under the influence, reckless driving, handicap parking, and fire lane parking, everything else we just wait for them to get out on the road
    Marine Infantry - Taking out the trash one country at a time.

    "You cannot exaggerate about the Marines. They are convinced to the point of arrogance, that they are the most ferocious fighters on earth- and the amusing thing about it is that they are."

    "Freedom is not free, but the U.S. Marine Corps will pay most of your share."

  21. #21
    Righter of Lefts
    Rapax's Avatar
    Join Date
    Aug 2006
    Location
    Metro Atlanta
    Posts
    427
    Quote Originally Posted by MarineGrunt
    In SC there are a few things that can be enforced on private property. Driving under the influence, reckless driving, handicap parking, and fire lane parking, everything else we just wait for them to get out on the road
    Same in Georgia, but you have to be a real jackass for me to write...say expired tags while parked, but it has been done.
    "Anyone is capable of anything"

    "I did absolutely nothing, and it was everything I thought it could be".

    -Peter Gibbons
    Office Space

  22. #22
    Forum Member
    RBrodowski's Avatar
    Join Date
    Sep 2003
    Location
    Georgia
    Posts
    578
    Quote Originally Posted by Rapax
    Same in Georgia, but you have to be a real jackass for me to write...say expired tags while parked, but it has been done.
    I worked with a guy who used to do that. He'd come in with a stack of expired tag tickets, write the r/o's name on it....never went to court on one and never got a complaint.

    Along with DUI, Reckless, Hit&Run, and Laying Drag...I belive we can write Contest of Speed.

  23. #23
    Tag-them & puton away!
    FLPD698's Avatar
    Join Date
    Jun 2006
    Location
    Florida
    Posts
    274

    Don't get confused

    Quote Originally Posted by the Chools
    Someone had a thread recently about cops in Florida writing tickets in parking lots.

    Since a parking lot is private property and not a public street or highway, city and state laws don't apply, right? So, even if an inspection sticker is expired, and especially if the car is parked and not being driven, can you write a citation? And can you cite for driving the wrong way? in a parking lot??



    Let’s answer this question once and for all………..

    Since leo’s enforce laws then those laws apply even in private properties. Now of course there are some exceptions and they all vary from state to state. But generally for example like in Florida stops signs as well as other traffic devices, are installed and enforced by some type of ordinance either county or municipal or state law. So then any signed that has been placed by a municipality, county or state anywhere will be and can be enforced by an leo or a representative of that agency.

    Now that doesn’t mean that Joe Six Pack who owns Joe’s Market in a private parking lot can't order and have place stops signs or other traffic devices on his property. The only difference is that they were not placed by the city, so no leo can enforce them. Most states don’t make private parking lots have stop signs or any other traffic device. They are placed by the owner to have some type of order in their property. For the exception of handicap parking and fire lanes most other signs are optional. So then those are the ones that can be written off by the actual jurisdiction in which that parking lot seats in.

    So what if I have an expired tag in a private parking lot. OK, what if I have a saw-off shotgun in a private parking lot; so what!!!! Expired tags as well as saw-off shotguns are cover under state laws and could be enforced anywhere. If that leo is doing a detail in that parking lot then he as a reason to be there and could write a ticket for an expired tag.

    Now here’s a good one for you and this one I already saw it in court:

    A subject is stop in a parking lot by a marked patrol car. While conducting a routine check of the subject and with full consent of the driver; drugs, a firearm and contraband was found in the vehicle (yes, he was riding dirty). Now here’s the pc, the subject disobeyed a stop sign inside the parking lot and one leading outside to a public street.

    The judge threw all charges and the subject walked. Why?? There’s no pc in the first place. Cops have no jurisdiction over traffic devices installed over private property by their patrons. The initial stop was faulty and any other find was unconstitutional. The fruit of the poisonous tree doctrine applies.

  24. #24
    Oh no, it's da Po-Po
    Blackdog F4i's Avatar
    Join Date
    May 2006
    Location
    Indiana
    Posts
    4,821
    EXCEPT in the case of our city where businesses (such as both local malls) have enforcement contracts with the city so that we can enforce all traffic codes on their premisis.

    As a LEO it is my responsibility to know what businesses in my beat have this agreement.

  25. #25
    Forum Member
    RBrodowski's Avatar
    Join Date
    Sep 2003
    Location
    Georgia
    Posts
    578
    Oh I forgot one. We can enforce stop signs in parking lots if you can proove the parking lot is a cut-through.

Page 1 of 2 1 2 Last

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Log in

Click here to log in or register