Speed trap from private property???

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ScottDLS
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Re: Speed trap from private property???

#16

Post by ScottDLS »

Keith B wrote: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.
AG Morales said if you put up a "sign" (any sign) prohibiting radar on your property the cops are committing a class A misdemeanor (30.05) (assuming they are armed)...at least that's the way I read it... :evil2:
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Oldgringo
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Re: Speed trap from private property???

#17

Post by Oldgringo »

TxRVer wrote:I wish they would sit in my driveway and run radar.
Not only run radar but ticket and fine the various folk who zoom up and down this 30 mph city street. :mad5
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warnmar10
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Re: Speed trap from private property???

#18

Post by warnmar10 »

Oldgringo wrote:
TxRVer wrote:I wish they would sit in my driveway and run radar.
Not only run radar but ticket and fine the various folk who zoom up and down this 30 mph city street. :mad5
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Wolfgang
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Re: Speed trap from private property???

#19

Post by Wolfgang »

If the speed limit is posted...and you are speeding...and just because you can't see the officer...how is that a trap?
Just because he's in a driveway doesn't make it a "trap." You not seeing him does not make it a "trap."
A "trap" is when the speed limit is hidden, distorted or concealed somehow and you are tricked into speeding...not when you get caught speeding in an area that is clearly and legally marked. Whether or not you saw the officer is irrelevant.
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Re: Speed trap from private property???

#20

Post by Liberty »

Revenue enhancing is Revenue enhancing by any other name.
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Re: Speed trap from private property???

#21

Post by mojo84 »

ScottDLS wrote:
Keith B wrote: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.
AG Morales said if you put up a "sign" (any sign) prohibiting radar on your property the cops are committing a class A misdemeanor (30.05) (assuming they are armed)...at least that's the way I read it... :evil2:
:roll:
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Ameer
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Re: Speed trap from private property???

#22

Post by Ameer »

If they don't have permission is there a fruit of the poisonous tree argument?
I believe the basic political division in this country is not between liberals and conservatives but between those who believe that they should have a say in the personal lives of strangers and those who do not.
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Re: Speed trap from private property???

#23

Post by thelurker »

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??
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puma guy
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Re: Speed trap from private property???

#24

Post by puma guy »

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??
Did the officer check the property to make sure no electronic devices, radio transmitters, microwaves etc were present that could interfere with his radar gun? Etc, Etc, I'll bet a good lawyer can find a way out of it for you! :biggrinjester:
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Jusme
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Re: Speed trap from private property???

#25

Post by Jusme »

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:
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Re: Speed trap from private property???

#26

Post by talltex »

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.
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Re: Speed trap from private property???

#27

Post by talltex »

Jusme wrote:
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:
While true, there are many towns that use the deferred adjudication process as an additional revenue enhancer. That is one of the reasons our City Council is very cognizant of the image it creates. There is a small town about 40 miles from us, just off I-35 between Waco and DFW that runs radar on 35 and issues speeding tickets left and right. They hand out a "menu" sheet with the citation listing all the possible fines for various offenses and speeds. At the bottom of the front page of the "menu" in bold larger type print, it says: "SEE REVERSE SIDE FOR DISMISSAL OPTION". They don't even sugar coat it by calling it deferred adjudication. It very plainly states that "for an additional fee of $50.00 this citation will be dismissed and will not appear on your driving record". :smash: They generate a LOT of money, property taxes stay low, and people hate them.
"I looked out under the sun and saw that the race is not always to the swift, nor the battle to the strong" Ecclesiastes 9:11

"The race may not always go to the swift or the battle to the strong, but that's the way the smart money bets" Damon Runyon
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Jusme
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Re: Speed trap from private property???

#28

Post by Jusme »

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.
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AJSully421
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Re: Speed trap from private property???

#29

Post by AJSully421 »

I think you have a case for dismissal. Try this:

Your honor,

The police have no authority to enforce laws on or from private property.

I think that the radio waves from his radar gun bouncing back from my truck constitute self-incriminating evidence as well as a warrantless search. As my rights were not read to me first, I was not warned.

Also, my religious beliefs allow and encourage speeding. John 13:37 includes the words of Christ himself: "What thou doest, do quickly."

This ticket should be dismissed, sir.

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Soccerdad1995
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Re: Speed trap from private property???

#30

Post by Soccerdad1995 »

warnmar10 wrote:
Oldgringo wrote:
TxRVer wrote:I wish they would sit in my driveway and run radar.
Not only run radar but ticket and fine the various folk who zoom up and down this 30 mph city street. :mad5
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I remember my Dad telling me that he realized he was getting old when his reaction to a speed trap changed from anger at the cop to being thankful that the young punks speeding in the neighborhood would finally get ticketed. He said it as a joke, but there is some truth to it. Kind of like the thing about young people having no heart if they aren't liberal and older people having no brain if they aren't conservative.

I have a stop sign right in front of my house. The road T's out so the sign is literally right across from my front door. I would estimate that, at most, 5% of the vehicles make a complete stop, with at least a quarter of them not even slowing down at all. The sign is not obscured at all, so I can only conclude that people just do not care to follow the law. This is very much a residential area with a neighborhood park and pond right across that same street, and kids frequently cross that street to play and/or fish.
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