Speed traps on private property

[Whitebread]

Enforcing the traffic law is part of his duty

Correct.


BUT
He is not required to use my property as a staging area for traffic enforcement. Just because its convientent and effective doesnt give him the right to access private property for this purpose.

 

[Whitebread]

Hopefully this will clairify:

If you have ever written a ticket or been written a ticket where an office ran radar lidar what ever from a publicly own piece of property, they know an officer doesnot need to be on private property to ticket a motorist unless that motorist stops on or is persued through private property.

The scope of an officers duties as it relates to traffic enforcement doesnt not in most cases require harbor or passage on or through private property.

 

[pyreaux]

So a real world lawyer offered their personal long term experience, but other folks feel differently.

 

[Emperor]

So a real world lawyer offered their personal long term experience, but other folks feel differently.

And?

 

[alpinehyperlite]

It amazes me how people interpret the law in their own way to further their own personal ideals.

 

[MOTOR51]

So a real world lawyer offered their personal long term experience, but other folks feel differently.

Please refer to post #54, that doesn't matter on the BS.


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[gwpercle]

SPEED KILLS !
The pious speeders need to realize why speeding is against the law....maybe it's dangerous ?
Anytime an officer wants to set up in my driveway , I will welcome it....fools zooming up and down residential streets are not a good thing.
Gary

 

[del4]

I'm going to stick my neck out because stuff like this is frustrating.
I understand that is the way the law is interpreted, therefore that is the law. But in principle, I disagree.
I admit my views of LE and the government has become a bit jaded the last few years, so maybe that's it. But it's kind of disappointing to learn that a police officer can park on private property without permission of the owner when it is really unnecessary to do so.

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[Whitebread]

So a real world lawyer offered their personal long term experience, but other folks feel differently.

The difference is his discussion pertained to defending someone charged with a crime with private property rights.

In this case its the private property rights being used to prosecute someone oversteping the legal duties.

As little a difference as it sounds, it is a massive difference. And while I doubt there is any legal precident prosecuting an on duty officer or department for this it doesnt make it an invalid issue.

The tresspassing law exempts package delivery but if a package delivery driver is going around looking in windows of houses he is not delivering to he can and should be charged with tresspassing. See the problem is people either put LEO's on pedistals or the exact oppisite, but in reality they have no more or less rights than you and I do. The difference is laws are in place to protect LEO's so they can do their jobs which may require them to otherwise break laws.

Yet another example: police are allowed to speed in response to a call or to chase a fleeing suspect. But their are numerous accounts of officers ticketing other officers for speeding through someone else's jurisdiction.

 

[Gator 45/70]

Speed traps are like potholes

Learn them cause both will cost you money.

 

[general mills]

How about next time they are out there, go introduce yourself, offer them a cup of coffee or bottle of water, invite them to a service even. Then maybe if a member gets stopped they will remember how polite that congregation is and offer some leeway, if not, argue it in court as is your right. The church gets FREE SECURITY while they are out there, and the traffic will be safer for members getting in and out if it's a known speed trap area. It's a win-win, long as the members obey the limit, it's on a big sign in black and white.

Just a note: LRS 14:63E states that a law enforcement officer in the performance of his duties may enter or remain on the property or another. Just throwing that out there.

I don't know the specifics of this situation, but it would also be considered polite and neighborly if a police officer asked if a church would be open to having him park in their parking lot to issue tickets in the interest of public safety, and what times would not interfere with church business. Seems a bit more polite than someone having to get coffee and water for an officer who decided to use their parking lot and hoping to get leniency for their patrons or customers.

 

[Whitebread]

I don't know the specifics of this situation, but it would also be considered polite and neighborly if a police officer asked if a church would be open to having him park in their parking lot to issue tickets in the interest of public safety, and what times would not interfere with church business. Seems a bit more polite than someone having to get coffee and water for an officer who decided to use their parking lot and hoping to get leniency for their patrons or customers.

I absolutely love this response. Wish I had thought of it.

Also using my property without my permission and calling free security is like pissin on my leg and calling it rain.

 

[PPBart]

...There is no requirement of probable cause for them to enter private property, only to search and/or seize and/or arrest...

So if a LEO shows up at my front door and says he doesn't suspect me of any crime, has no probable cause, just wants to come in and watch TV -- I would have to stand aside and allow him to come in?

 

[wcweir3]

As long as he brings the beer why not?

 

[Whitebread]

So if a LEO shows up at my front door and says he doesn't suspect me of any crime, has no probable cause, just wants to come in and watch TV -- I would have to stand aside and allow him to come in?

Yeah and fix him some coffee and a sandwich. Then tell him, "here if you use my truck you could hide in plain site and write tickets all day long."

 

[MOTOR51]

So if a LEO shows up at my front door and says he doesn't suspect me of any crime, has no probable cause, just wants to come in and watch TV -- I would have to stand aside and allow him to come in?

I'm shocked this is a secret to you. Everyone knows cops can and actually do this all the time.


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[Request Dust Off]

I'm shocked this is a secret to you. Everyone knows cops can and actually do this all the time.


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Yes, and people should be 'lit up' for having lost the remote!

 

[Whitebread]

I'm shocked this is a secret to you. Everyone knows cops can and actually do this all the time.


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Hey I will volunteer my tv but we have to watch what I say.



Schoolhouse Rocks the "America Rocks" series.


And once we start watching no one leaves till all 12 episodes have been watched.

 

[dirty dan]

So after all this interesting discussion and postulation.... The answer to the OP's question is...Yes, the police may run speed limit enforcement on private property without the owner's permission and over their objection. This answer does not address the issue of "should" and it's political ramifications. Any speeding citations issued in this situation are valid and enforceable. Private property rights trump almost everything else, but public safety is one of the few concepts that win over property rights. The Constitution protects us from Unreasonable searches and seizures, but a LEO on your property running radar/lidar is not a search or seizure of your person or protected property. I know some of you may not like this answer and may disagree, but it is the current state of the law.

No, not in Louisiana. But good try!

 

[DBMJR1]

So if a LEO shows up at my front door and says he doesn't suspect me of any crime, has no probable cause, just wants to come in and watch TV -- I would have to stand aside and allow him to come in?

This actually happens to me on occasion. He retired about a year ago, but still knocks on my door to come in and watch TV. Drinks my beer too.


Do you think I should call Sharpton?