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Originally Posted by kalimus
uhm no. a cop may not park in my driveway and run radar, whether he blocks it or otherwise.
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Quote:
Originally Posted by kalimus
I've never lived in an area where it was ok for a cop to do that. Private business, I've seen that. Personal property that is a residence... hell no.
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Quote:
Originally Posted by kalimus
And yes, they can do it with permission. But they can't just decide "I'm gonna sit in your driveway and pick off speeders" all by themselves. They sure as hell aren't supposed to anyway. Trespassing applies to cops without legitimate reason as well, and setting up a radar point is not legitimate.
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Actually doing this falls under the state's right of way laws. All 50 states have a section in the general statute that dictates what their right of way is and how far it extends from the public road way. As long as the officer is within that boundary they can legally be there whether it is in a parking lot, drive way, or even on your front lawn. It is also not considered trespassing by law unless you can prove they are outside that boundary.
For example, NC's right of way is 25' from the edge of the road. As long as they are within 25' of the road they can not legally be forced to move unless they are blocking access to something or damaging the property.