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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!

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.

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.

Very common practice in our neck of the woods. One road close to us that is heavily enforced has only private drives so that is the only option.

The end of the driveway is easement, not private property. Was he far enough back from the road to be on private property?

From my office window I routinely see motorcycle police sit on private property and run radar. Usually in 2 min or less they take off after someone. (I am a surveyor and yes, they are on private property)

As long as there's not a "circle slash (police radar pictogram)" on the property which has the legal meaning "Entry to this property is forbidden to police operating radar speed monitoring devices, and violators will be prosecuted for criminal trespass"...

I wish they would sit in my driveway and run radar.

ScottDLS wrote:As long as there's not a "circle slash (police radar pictogram)" on the property which has the legal meaning "Entry to this property is forbidden to police operating radar speed monitoring devices, and violators will be prosecuted for criminal trespass"...

I was thinking the same thing. Sure the officer might eventually beat the rap, but will he beat the ride?

Personally I see nothing wrong with the practice as long as they ask the property owners permission, or at least leave if they are asked to do so by the property owner. Maybe distribute some flyers in the neighborhood explaining the purpose of the practice and letting folks know that they can politely ask the officer to leave.

thelurker wrote:Is it legal for a police officer (motorcycle in this case) to sit in the driveway of someone's house and run radar?

My seat of the pants (i.e., unresearched) answer is that the validity of the speeding ticket is unaffected. Whether the cop was properly on the private property is between the property owner and the police department.

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.

No law against it, and the officer may have permission to use the driveway. Even without permission, unless the property owner says something to them and asks them to leave, then there it's valid for them to take the readings from the private property for a vehicle traveling on a public roadway.

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.

dhoobler wrote:The end of the driveway is easement, not private property. Was he far enough back from the road to be on private property?

There's such a speed trap not too far from my home, in a school zone. The officers are parked well back from the street/sidewalk, so it is DEFINITELY not an easement where they are parked. The house in question is the last one on the street, at the intersection of a small side street and a major thoroughfare. There is a brick wall alongside the driveway in question, so that drivers headed down the main thoroughfare on the side that the wall is on cannot see the police at all until they are well past them. Fortunately, my radar detector can see them long before they can see (or even hear) me. I don't speed through there anyway, but still.....

I always wondered if (A) the homeowners knew their private property was being used this way, or (B) if the one of the officers actually owned that home. I would imagine that any strict adherence to the law would require the local PD to notify the property owner that they would like to use their driveway that way, and to seek permission. OTH, knowing where the school was placed, what the potential for speeding through that school zone is, and particularly if the owner has kids going to that school, I would imagine that permission was not an issue.

The Annoyed Man wrote: I always wondered if (A) the homeowners knew their private property was being used this way, or (B) if the one of the officers actually owned that home.

Similar set up at the house next door to my son's school... but the resident there is another deputy sheriff.