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View Full Version : private driveways


chuck2133
09-23-03, 02:53 AM
In my neighborhood I often see cops parked in private residential driveways obviously looking to catch speeders. My question is do all jurisdictions do this and what is the policy & legality of doing this in your jurisdiction? Also have any of the homeowners driveways you were parked in complained and what was the departments reaction?


Mike5166
09-23-03, 03:46 AM
I just got hired and am not even sworn in yet, so obviously I don't know much :-) but even as a reserve officer for the past two years I'd say that, no matter what the offical policy is, that's just bad PR.

I haven't seen any officers park in or block driveways here (Minneapolis suburbs), at least not just for the sake of catching speeders.

I live in a corner house were the local PD likes to sit and get speeders coming on the cross strip. They've always been polite - They'd park on the corner and be close to my driveway, right up to it sometimes, but never blocking it. They'd always ask if they were in my way as I was leaving or coming in and they'd direct those they stopped to pull up so they're not directly across from my driveway.

In my case - I wouldn't have cared if they used my driveway, heck, if a cop wanted to sit on my doorstep all day, it's fine by me :-) , but I'm sure some citizens (ahem) would not feel that way.

hawkman
09-23-03, 04:58 AM
I'm sure the city/county has an easment of so many feet into the persons yard. There are a couple spots I use that for, but their drive ways are very long and the houses are back off the road a 1/2 mile or so. But I use their driveway because the ditch is too steap to pull the car into with out causing damage or getting stuck. Plus its right at the bottom of the hill and people are always complaining about speeders in this area. But I always keep an extra eye on the mirrors to make sure nobody is coming out or wanting to pull in so I can make sure I move with out delaying them any. Other wise, I do my best to use an entrance to a pasture or just pull into the ditch if at all possible.


Stump
09-23-03, 08:55 AM
I'm a corner house, so I get cops parking in my driveway a lot. I don't know the legality of it, but if a citizen complained, then they wouldn't park there anymore. A lot of cops in our small towns tell me how the homeowner even brings them coffee or food.
I've never had a citizen complain - unless they were the ones who got caught speeding!

Scruit
09-23-03, 10:12 AM
I would only complain if the police vehicle blocked my driveway and I couldn't leave.

My driveway would be perfect for that because off the road frontage of my property is lined with trees apart from the opening for the driveway. As The officer woulc be hidden from oncming vehicles, and could even shoot laser through gaps in the trees- totally stealthy. Plus I live on a straight country lane with a 55 limit that people often speed on - we get a local boy racers doing burnouts and stuff every now and then, and honda civis going 80-90 up and down the street (it's about a mile long so they can get up to the speed easily.

If a polcie officer parked his vehicle in my driveway without asking I may be a little irked, but if he knocked on my door and asked then I'd be glad to let him sit there. I only ever see police around here when they're responding to burglaries or accidents, though, so I think it'd be good for the police to put in more of an appearance *before* the burglaries happen... ;-)

spyman
09-23-03, 11:15 AM
We were not permitted to use a citizen driveway for traffic enforcement without their permission. Just like we were not allowed to use their house for surveillance without their permission. Their driveway is their private property, and we as LE needed permission to use it. Quite frankly, I can't recall ever using a citizen's driveway in California.

tcsd1236
09-23-03, 02:55 PM
I always get the permission of the homeowner to sit on private property to run RADAR. We have more than enough citizens asking us to sit on their property that we don't need to sit on property we're not welcome on

mcsap
09-23-03, 05:40 PM
Unless it is 0200, I always ask. And I ask if we can come back again assuring them that we will be glad to move if anyone needs in or out.

Businesses that are closed, I don't ask. Only if they are open and a small business. Mall lots are so big, nobody minds anyway.

I have had people try to use the argument in court " did you have permission to use that private drive?" I have always objected ( and my objection was sustained) that it is not relevant if I had permission or not.

Mike5166
09-23-03, 06:10 PM
You guys remind me of a story I read somewhere -

A citizen complained to the local PD about the number of speeders going down her street in the evening rush hour, so the police set up a couple of squads to curb (no pun intended) the problem.

One officer pulls over a speeder. The irate driver says "What are you doing? I'm the one who called in to complain about people speeding!" The officer replied "You should be happy then, we got one."

zander_zye
09-23-03, 07:23 PM
good one - I wish they would let loose in my neighborhood. It seems like too many people don't understand the work "STOP" ( as in sign)

sbrad
09-23-03, 11:34 PM
I park my patrol car in one driveway everyday. But it's mine.

Mike5166
09-24-03, 02:23 AM
We have a saying in my city describing the driving habits of most of the public

"Green means go, Yellow means hurry up, and Red means three more cars"

Stump
09-24-03, 09:35 AM
Hey, that's Philadelphia too, Mike!!!! LOL

hawkman
09-24-03, 05:59 PM
Originally posted by Mike5166
You guys remind me of a story I read somewhere -

A citizen complained to the local PD about the number of speeders going down her street in the evening rush hour, so the police set up a couple of squads to curb (no pun intended) the problem.

One officer pulls over a speeder. The irate driver says "What are you doing? I'm the one who called in to complain about people speeding!" The officer replied "You should be happy then, we got one."


I had a DUI arrest go that way a couple months ago :D

He called in about a party on a bridge back off the main road. We get there, no beer has been broken out to minors, everyone of age hadn't even started to drink yet. So we just sent everyone on their way as we had no need to issue NTA's or arrest.

Then about an hour later I see this kid blow a stop sign at about 40 mph in town, then go down the 20 mph part of down 40 plus mph ( I didn't have same direction radar... estimated it), so I haul after him.. catch him a couple miles outside of town. Stupended, reckless driving, fail to stop at stop sign... so I hook him and get him in the car... get an overwelming smell of cologne with a hint of alcohol... plus he had 3 warrants.

get up to the office, do FST since I already had him in custody at the seen and it was in a bad area to do FST anyway.

he blows in the intox... .1??

call judge to set bond (judge already had several cases with him, so it was hudge )

Then the kid I arrested tells me I shouldn't have arrested him because he was th one that called in the party and he got real upset at that time complaining nothing was done about the party and what not.

so then I just shoot back at him... If the party was somthing you felt should have been taken care of, why do the same thing you are calling others in for? Sounds like your being a prik to me and think the law means nothing for you? He got smart then, so I just stuffed him back in a cell :D