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Ok, so I was coming home for lunch break from work. I live about 5 minutes from work so I come home to eat. Anyway I was going a little fast in the residential zone (40 in 25). As I pass a side street I notice a motorcycle cop driving through a homeowner's front yard around a tree thorough the drainage ditchline and up onto the road to pull me over. Well in our neighborhood the storm drains are just ditches in the front yards(no underground piping). Well the toe, or bottom of that ditchline is considered the R.O.W.(right of way), or county property. Is it not unlawful for a law enforcement officer to be on private property off of the county property(ROW) and clocking motorists? When he finished writing my ticket and came back for me to sign. He asked do you have any other questions. I said I do, "where exactly were you sitting when you clocked me?" He said oh I was under that tree(on private property off the county ROW). I said and you're allowed to be off the ROW and on private property to clock speeders, to which he replied, "i was in the right of way". Well I have tax deed information that says otherwise. There is a 15' buffer to either side of the street in which he has the right to sit, but off the ROW I think NOT.
I admit I was exceeding the speed limit. But if I were to take it to court would the judge not instantly throw it out for the simple fact that he wasn't operating on county property? -
just pay the damn ticket and dont speed next time
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doubt you have a case but idk. did he clock you with radar?
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if he wasnt in county space it should be thrown out. i dont see how you can say he doesnt have a case
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Im sorry if my post came off as not taking responsibility for my actions. I was asking a legal question. And admitted I was exceeding the speed limit. If my court date came and went and I didn't pay my ticket or show up then that would be me not taking responsibility for my actions.
Edited By: imhooks Sep 16th, 2011 at 12:41 AM
Someone always wants to be the voice of reason on a fucking forum. Find another thread if you want to parent someone else. But I don't need it. Thanks.
I will seek local legal help in the future. I don't know what I was thinking.
eat a giant dick Spanky
edit: exactly Lameass. I just want it to be noted to the judge and possibly passed on to the Sheriff that they can't do this unless the homeowner specifically asked for it. If the homeowner asks or grant them the permission, then they can sit on the fuckin house if they wanted. But that wasn't the case here. He was trying to beat the heat by sitting under a damned tree in private property. I think it is worth contesting. But i will look at local statutes to make sure before I put on my suit:) -
He says he was parked in a legal spot, you say he wasn't. The Judge believes him.
And slow down, its a neighborhood, there are kids, 15 mph saves you 30 seconds, your time isn't that important if you are considering fighting a 15 mph ticket in court. -
That's funny. Because me being the selfless no responsibility person that I am, as I left to go back to work I stopped and asked the other motorcycle sheriff if it was lawful. To which he replied "i don't know the law", of course I laughed pretty hard at that. Then when I tried to explain the county's right of way, he had no idea what it was. And said that "nobody tells me where to sit". I said, "so you don't have a commanding officer" and he said "well i do, but but but....." and that's about as far as I got with that dimwit. And of course not wanting to have him throw "disturbing the peace" out of his ass, i left it at that. The officer that pulled me over was apparently his superior because he referred to him as captain. But he was occupied with another speeder so I couldn't ask him.
Edited By: imhooks Sep 16th, 2011 at 12:50 AM
All I ask is that the law enforcement officers who's salary is paid by me operate in a lawful manner. Is that too much to ask for these days? The police actually upholding the law.
edit: Bazilly: I don't give the officer a 10% chance of showing up to contest the case. But yes you are correct though. I have a 2 month old son and I was racing home to see him:) I understand my actions were "reckless" in nature. It was just an oversight at the time. -
Lol you should have got tazed.
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I don't know of any reason why a cop can't sit on private property, even outside a right of way, and radar drivers. Maybe there's some law prohibiting it in your jurisdiction. We don't have any such law here. I also don't know why it would be a defense to your charge, either. You may confusing a local law enforcement agency policy that discourages officers from using private property for traffic enforcement purposes, but I don't know. Interesting question though. Never heard it before.
Spanky Hamm and afink have a weird idea of what taking responsibility for your actions means. -
If you go to court make sure and use that line about "you pay their salaries", they looooove that.
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It is absolutely within your rights to challenge the ticket based off of what you have described. You are correct and they are wrong in their APPROACH. Obviously you shouldn't have been speeding, and as such OT's holier than thou crowd will bastardize you for it. But in this instance, if you do your research and have all the facts and ordinances with you and can show that the officer was in the wrong, you should win. You shouldn't feel great about the win obviously because you were in the wrong, but you still should win. The officers should absolutely know where they can and can't park. If they can't follow the rules and ordinances, then its hypocritical of them to try and enforce anything.
Now a good judge would still make you pay the ticket because you were in the wrong while simultaneously berate the shit out of the officers for being ignorant themselves.
And Willywoo, just because you aren't aware of an ordinance or law, doesn't mean you can ignore it. I would venture to guess that you DO have such a law but you are just unaware of it. It still applies to you and everyone else -
I have the tax maps for the area, and have shown where the officer was sitting(according to him). and it is clearly outside the right of way. I have no doubt in my mind this is the case. Im still weighing the cost of the ticket versus the opportunity cost of having to show up and miss work. So we'll see what comes of it. Thanks for the reasonable opinions so far.
Edited By: imhooks Sep 16th, 2011 at 01:32 AM
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Yea if you pay a lawyer 4x what the ticket costs you MIGHT make a case of it.
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are you saying you dont see how its not illegal for him to sit in your driveway/yard without your permission and radar drivers?
Originally Posted by Willywoo
I don't know of any reason why a cop can't sit on private property, even outside a right of way, and radar drivers. .
or if you own a bulding downtown, a parking lot? -
ironic screen name is ironic.
Originally Posted by undertheradar
It is absolutely within your rights to challenge the ticket based off of what you have described. You are correct and they are wrong in their APPROACH. Obviously you shouldn't have been speeding, and as such OT's holier than thou crowd will bastardize you for it. But in this instance, if you do your research and have all the facts and ordinances with you and can show that the officer was in the wrong, you should win. You shouldn't feel great about the win obviously because you were in the wrong, but you still should win. The officers should absolutely know where they can and can't park. If they can't follow the rules and ordinances, then its hypocritical of them to try and enforce anything.
Now a good judge would still make you pay the ticket because you were in the wrong while simultaneously berate the shit out of the officers for being ignorant themselves.
And Willywoo, just because you aren't aware of an ordinance or law, doesn't mean you can ignore it. I would venture to guess that you DO have such a law but you are just unaware of it. It still applies to you and everyone else -
Seems like you are only interested in people telling you that you are right. So here ya go, you are right the cop isn't supposed to shoot radar on private property. The part you dont want to hear is everyone telling you $45 shouldn't be worth your time. You are going to piss away half a day in court hoping for some moment of glory in your junior attorney fantasy so you can stick it to the pigs. Its not gonna happen. Maybe it should, but its not.
I don't know you, but judging from your responses you seem like a pretty argumentative person. Lighten up. It's not worth the hassle. -
Edited By: Willywoo Sep 16th, 2011 at 02:11 AMYes. I didn't even imply that. If the cop is trespassing on person A's property, that has nothing to do with whether or not he can give person B a ticket from sitting on person A's private property.Originally Posted by Lameass_
are you saying you dont see how its not illegal for him to sit in your driveway/yard without your permission and radar drivers?
or if you own a bulding downtown, a parking lot?
Where do you guys get the idea that a cop can't shoot a radar from private property?
To undertheradar: I never said or implied that someone can ignore a law just because they don't know it exists. Please post some authority for a cop not being able to legally give a ticket because he radars a person from private property even if the cop is there without permission. I said I am not aware of any such law in my jurisdiction. If you have one or know of such a law I would love to see it. -
why he would want to pay higher insurance etc. when he shouldnt have to
if the cop was in a place where he cant legally clock you,you should win. but cant he just say he left the yard and then clocked? really depends on the judge but its your right to fight it -
You should always challenge every ticket, regardless of the circumstances. You aren't dodging taking responsibility for your actions by doing so, regardless of guilt. It is your civic duty to challenge the government any time it tries to take your money or freedom, not just bend over because it said so.
It sickens me when people say "just pay the ticket". Especially in cases like this where LE stepped out of line to make it easier for them to cite you. Your local government isn't playing by the rules. Dipshits who just pay up without a peep of resistance are the fuckers responsible for this stuff happening in the first place. If everyone caused a stink every time a LEO stepped out of line to cite or arrest them, LE would do a much, much better job.
For the slow folks: LE is "law enforcement"; the O is for "officer". -
I guess I was assuming that is where you were going with what you said. My apologies if that is not what you meant but it sure felt as if that is what you were trying to say. But where do you get the idea that they CAN shoot from private property? Just because they are the police does not allow them free rein. Again because you are not AWARE that it does not exist doesn't mean it doesn't. You are making an assumption that they can, saying prove me wrong, why don't you show proof that they can shoot radar whenever they choose. I'm not going to go on a fact finding mission for your city to prove myself right. I don't need to. I just know that in your city they could or couldn't shoot from private property and just because you assume they can doesn't mean you are right.
Originally Posted by Willywoo
Yes. I didn't even imply that. If the cop is trespassing on person A's property, that has nothing to do with whether or not he can give person B a ticket from sitting on person A's private property.
Where do you guys get the idea that a cop can't shoot a radar from private property?
To undertheradar: I never said or implied that someone can ignore a law just because they don't know it exists. Please post some authority for a cop not being able to legally give a ticket because he radars a person from private property even if the cop is there without permission. I said I am not aware of any such law in my jurisdiction. If you have one or know of such a law I would love to see it. -
i cant figure out the part where youre not implying that. you jsut said it again. if he doesnt have permission to be on the property its trespassing. i dont see how you can aruge that.
Originally Posted by Willywoo
Yes. I didn't even imply that. If the cop is trespassing on person A's property, that has nothing to do with whether or not he can give person B a ticket from sitting on person A's private property.
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obv the cop can park anywhere public and thats fine. how is it fine if hes trespassing?
your impying that a cop could just hang out anywhere he wants to and target people for whatever crimes they are committing. (you say youre not but i dont see how youre not) -
I don't see how his clocking you from private property is relevant. You were in his county when you sped, and the county is this officer's jurisdiction.
I got $100 that says everyone who says "take responsibility" would try to get out of paying a ticket if they had a case. Tickets in Portland start at $250. Got one in Beaverton 5 yrs ago that cost me $421 for going 68 in a 55.
Because he isn't harming the speeder's rights by trespassing on someone else's property. Just as if you go over to your friend's house and hide your murder weapon, and the cops make an illegal search and find it, you have no standing to get the evidence thrown out because it wasn't YOUR rights that were violated.Originally Posted by Lameass_
i cant figure out the part where youre not implying that. you jsut said it again. if he doesnt have permission to be on the property its trespassing. i dont see how you can aruge that.
obv the cop can park anywhere public and thats fine. how is it fine if hes trespassing?
your impying that a cop could just hang out anywhere he wants to and target people for whatever crimes they are committing. (you say youre not but i dont see how youre not)











