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by Jusme
Wed Feb 08, 2017 11:34 am
Forum: Off-Topic
Topic: Speed trap from private property???
Replies: 33
Views: 8232

Re: Speed trap from private property???

talltex wrote:
Liberty wrote:Revenue enhancing is Revenue enhancing by any other name.
:iagree: As a business owner and a City Councilman, I have had our department officers parking on my commercial properties on the main highway through town on the weekends, running radar without asking permission. Under a previous Police Chief, he was encouraging officers to write tickets and generate revenue. I was at office catching up on paperwork early one Easter Sunday morning around 8:30am, and noticed a squad car pull into my property across the highway from my office and park up under a canopied area which hid the car from view pretty effectively. A few minutes later I observed him pull out rapidly with lights flashing and he stopped a vehicle about 2 blocks up the highway. I got in my truck and drove past them as he was writing out a citation and saw it was young family in "Sunday dress", probably on their way to church or family get together. When he pulled back into my property I walked over and asked him how fast they were going (it's a 30mph limit in that 5 block area then changes to 40), and he said they were going 37mph. I asked him if he issued a warning or citation and he said it was a speeding ticket. I asked him to put himself in their position and how it would make him feel if he was driving through a town, with his wife and kids, going to meet their family for church or a family gathering and got a speeding ticket like that. He replied "probably not very good I guess". I told him considering the fact that they weren't endangering anyone and there was light traffic, he could have created a positive impression for our town, by giving them a written or verbal warning and wishing them "Happy Easter", and they would have told their family and friends about how nicely he was treated in our town. Instead, he will be talking about us running a "speed trap" for out of town travelers on Easter Sunday, and that will hurt our town much more than the $75 revenue will help it. I told him to tell the rest of the officers and the Chief, that they were not to use any of my property to run radar unless they asked my permission in the future. The Mayor and the Council discussed the volume of tickets being written with the Chief and told him we did NOT want to get a reputation as a "speed trap" and to tone it down. We had the same discussion the following month, when the report showed even more tickets written that month. He argued with us that he was the Chief, and how the department operated was his decision to make. At the next council meeting, we terminated him and got a new Chief.

There are definitely some police chiefs, and even some city officials who like to use traffic enforcement as a source of revenue. Studies have shown, that by factoring in the cost of training and paying officers, the cost of the equipment, etc., that it was a very poor source for revenue. There "was" a police chief in my home town, a few years ago that decided he was going to crack down, on speeders on the interstate highway, and postulated the revenue they could generate, would be substantial. This lasted until they wrecked two patrol cars, and had an officer in the hospital, that they decided, that it was not in the city's best interest to commit that much time and effort into the plan. He was subsequently replaced, with one who is more interested in reducing crime, than catching someone going a few miles an hour over the speed limits. This was addressed in the Texas Legislature when "quotas" were being imposed on officers in some locations, and the practice was outlawed.
by Jusme
Wed Feb 08, 2017 10:59 am
Forum: Off-Topic
Topic: Speed trap from private property???
Replies: 33
Views: 8232

Re: Speed trap from private property???

thelurker wrote:Well I was hoping I open this thread and discover the ticket was completely unjustified and I'd just have to mention this thread to the judge and all would be good. Looks like I'm on the hook. The thing is that I rarely speed because diesel is too expensive and I am not generally in a hurry anyways.

Enjoyed some of the posts here...quite funny. Guess I need to post a sign at this there so they can't use that location any longer. Can you perform a citizen's arrest on a police officer??

The job of the police officer running radar is to gain compliance. If their radar triggers your detector and you slow down, they have done their job. If you post a sign warning other drivers and they slow down, the same thing has been accomplished. If people see a patrol car, or police motorcycle, and slow down, again, their job has been done. LEO get no extra money for writing tickets, despite what many claimed must have been true for me. Usually, they are assigned an area, or stretch of road, to patrol, due to complaints from residents/business owners in that area, or a large number of accidents in that area. You would be surprised at how often the ones who called in the complaints were caught speeding. :mrgreen:

You can take a defensive driving course, or get deferred adjudication and it won't go on your driving record. :tiphat:
by Jusme
Tue Feb 07, 2017 1:17 pm
Forum: Off-Topic
Topic: Speed trap from private property???
Replies: 33
Views: 8232

Re: Speed trap from private property???

rotor wrote:I would not appreciate this at all. Who among us want strangers parking on our property? Easements are utility easements and not easements to allow strangers to park their vehicles on our property. If the cops bike fell over and he was injured would I see a lawsuit?

Many years ago my car was hit head on by some teens in a supermarket parking lot. I called the police to make a report and it was like pulling teeth to get them to come out because it was on private property. I insisted and they came. I guess there are two types of private property, one requires them to fill out paperwork.


Most departments will refuse to work parking lot accidents. There are no traffic violations they can enforce on private property (Including no proof of insurance) Also with Texas "no fault" insurance, any accident you have filed with the State, still shows up on your driving record. A police report of an accident is just an officer's opinion. The conclusions can be, and have been overturned in civil court. I always encouraged people to settle the issue with their insurance companies, so that they had no accident on their driving record. When I encountered driver's on parking lots with no insurance, and told the other driver that there was nothing I could do, they were not happy, but it is strictly a civil issue.
by Jusme
Tue Feb 07, 2017 12:02 am
Forum: Off-Topic
Topic: Speed trap from private property???
Replies: 33
Views: 8232

Re: Speed trap from private property???

Also I'll allow any officers to park in my driveway to run radar if they want to. I doubt I will have to worry about burglars. :biggrinjester:
by Jusme
Mon Feb 06, 2017 11:55 pm
Forum: Off-Topic
Topic: Speed trap from private property???
Replies: 33
Views: 8232

Re: Speed trap from private property???

thelurker wrote:So "someone that I know" got a speeding ticket recently, and the manner that this person was caught seems a bit shady. Is it legal for a police officer (motorcycle in this case) to sit in the driveway of someone's house and run radar?

Thanks!

There is no "law" against the practice but most departments have restrictions for their officers to run radar from private property.

But radar is accurate no matter where it is used. :mrgreen:

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