So my friend is trying to tell me that police cant issue tickets in parking lots. I know he is full of shit, but id like to get some input.
He is saying that if a police officer was to watch you slam into a parked car, run a stop sign, or even do a burnout on private property (Wal-mart for instance) That they cant do anything.
The stop sign i said maybe, depending if it was real or not...but I think he is completely full of shit.
Stop signs are state issue or whatever and can be regulated by police and from what i gathered from working at a job with police detail..if they see it happen they can ticket you on private property.
Depends who's private property you're doing it on. Certainly he doesn't mean his own yard.
An exhibition or speeding ticket might not hold water, but, you'd be trespassing, vandalizing private property (both leaving tire marks and hitting parked cars), excessive noise, endangerment on private property open to the public, all kinds of stuff.
Private property doesn't mean it's YOUR private property to do as YOU please. Your friend is full of it.
Stop signs however is true. Some of those are not placed by the city. However the owner or security of the property can request police assistance to enforce their rules on their property or enforce a ban from the property.
Private property doesn't mean it's YOUR private property to do as YOU please. Your friend is full of it.
This is true
OP, there are differences in tickets. There are civil tickets and criminal traffic tickets. Hit and run is criminal. Donuts, in almost every jurisdiction, is reckless driving and also a criminal violation. Therefore, a L.E.O. can arrest for any criminal violation. Make no mistake that a ticket issued for a criminal violation is an arrest, albeit not a custodial arrest.
If the parking lot is privately owned but the owner has an agreement with the police to patrol and enforce the law, then you can be issued civil traffic tickets.
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Technically, a LEO can ticket you on your own property, according to the officer that teaches the defensive driving class here. He told me that, for example, if somebody were drinking and drove their vehicle across their yard, that person could get a DUI.
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In GA, you can be ticketed for some offenses in your own yard! Reckless Conduct, DUI to name a few...Here a riding lawn mower is considered a motor vehicle within the definitions...and you could under the right circumstances get a DUI..
Technically, a LEO can ticket you on your own property, according to the officer that teaches the defensive driving class here. He told me that, for example, if somebody were drinking and drove their vehicle across their yard, that person could get a DUI.
Maybe Adam can answer this.....Technically, couldn't an officer be charged with trespassing if he/she goes onto private property to issue a ticket, if there is proper signage posted "No Trespassing, Violaters Will be Prosecuted"?
Maybe Adam can answer this.....Technically, couldn't an officer be charged with trespassing if he/she goes onto private property to issue a ticket, if there is proper signage posted "No Trespassing, Violaters Will be Prosecuted"?
Trespassing is one of the special powers afforded to an officer in response to a crime. For example, while you can chase a thief running out of your house and around the block in attempt to use equal force to retrieve your property, you cannot continue chase as soon as the thief enters private property (eg: a home) because you would be trespassing, breaking and entering, etc. That is when it crosses the line of taking the law into your own hands. Police on the other hand can, as it is a necessary part of their job as trusted neutral 3rd party arbiters to diffuse disputes and enforce the law. Further elaboration would be required as to when warrants are required or not.
A no trespassing sign does not make you immune to the law and allow you to get away with things like murder just because it's private property.
Only a handfull of violations here in Texas can be written on private property.
That's what I'm trying to figure out....Let's say you're doing donuts out in your pasture (C'mon, it's Texas....It happens...) and an officer witnesses it. If he's feeling "froggy", can he trespass to go write a ticket, even though you're on your own personal property?
Maybe Adam can answer this.....Technically, couldn't an officer be charged with trespassing if he/she goes onto private property to issue a ticket, if there is proper signage posted "No Trespassing, Violaters Will be Prosecuted"?
A L.E.O. is obligated to investigate criminal activity. If the criminal act is one related to traffic it requires no less investigation or enforcement than any other criminal act (misdemeanor or felony). If a private property owner were able to exclude police from their property during the commission of a criminal act it would lead to serious problems enforcing all sorts of laws for significant crimes.
While a property owner has a reasonable expectation of privacy as well as certain Constitutional protections they do not trump the Constitutional protection afforded society as a whole.
Additionally, most trespassing statutes require not only prior warning but the demand that the trespasser leave being given notice that upon their return they are subject to arrest.
A L.E.O. is obligated to investigate criminal activity. If the criminal act is one related to traffic it requires no less investigation or enforcement than any other criminal act (misdemeanor or felony).
So, by that standard, at a private race track, people could be ticketed for speeding, racing, etc.? Even though it's private property, those are criminal offenses related to traffic, yes?
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Originally Posted by FordSVTFan
Additionally, most trespassing statutes require not only prior warning but the demand that the trespasser leave being given notice that upon their return they are subject to arrest.
And in that case, if an officer is warned, and returns,then he CAN be arrested for criminal trespass?
I'm not trying to be an ass, I'm just trying to understand. Thanks!
Last edited by Blade Runner; 11-07-2009 at 07:38 PM.
That's what I'm trying to figure out....Let's say you're doing donuts out in your pasture (C'mon, it's Texas....It happens...) and an officer witnesses it. If he's feeling "froggy", can he trespass to go write a ticket, even though you're on your own personal property?
Best to not let anyone see anything by being way back in a pasture, like you said its going to happen. Best to not do it all. If one makes a mistake its going to be investigated. If you lose control and hurt someone or property thats your baby either criminal, civil or both.
So, by that standard, at a private race track, people could be ticketed for speeding, racing, etc.? Even though it's private property, those are criminal offenses related to traffic, yes?
No that isn't the standard. A race track is likely exempt by state or local/county law as they are designed specifically for that event. Sort of like the way a gun range is set up for that event.
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Originally Posted by Blade Runner
And in that case, if an officer is warned, and returns,then he CAN be arrested for criminal trespass?
Not if the officer is performing the duties of his job at the time and there is a warrant exemption, such as exigent circumstances.
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Originally Posted by Blade Runner
I'm not trying to be an ass, I'm just trying to understand. Thanks!
WOW, absolutely I would follow him in and ticket him, the only thing I cant do is tow his vehicle as it is now on private property but all it takes is calling the prop rep and advising that a vehicle has been abandoned on their property and it usually get towed.
There is a thread right around this one where some guy takes his car to a gas station and gets hit while pumping gas, and he says that the cop would not write up a report because this happened on private property
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of course the police said that because this took place on private property they will not file a report
So if they can give you a ticket on your own property and can legally trespass onto private property to 'do their job', then why can't they 'do their job' and write up an accident report on private property?
There is a thread right around this one where some guy takes his car to a gas station and gets hit while pumping gas, and he says that the cop would not write up a report because this happened on private property
As stated earlier in this thread, only a handful of violations can be written on private property. For example, in ohio: minor traffic violations, such as ACDA and failure to control, can not be written on private property. That means if an accident occurs in a private parking lot, no citation or accident report will be taken. They will (or should) document the vehicles involved and the damages to each(for insurance purposes only). This is only if the accident was not a Hit-Skip, then it becomes criminal and the police can take action.
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Just like there are laws detailing the size of the actual parking spaces.
According to a couple of lawyers I knew years ago police can't issue certain tickets in private lots. Pretty much close to what Orion pointed out. Now private being a 25 car lot or less, if I remember correctly. There is a car limit here when a private lot becomes public. The way I see it is that a burnout is a fine line.
Iirc, somebody got a ticket on this site for doing a burnout in his OWN driveway. Keep in mind, it was a long drive way, and it wasn't right next to the sidewalk. Does anybody remember what I'm talking about?
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Iirc, somebody got a ticket on this site for doing a burnout in his OWN driveway. Keep in mind, it was a long drive way, and it wasn't right next to the sidewalk. Does anybody remember what I'm talking about?
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