Can Illinois authorties monitor vehicle speeds [using radar] from private property w/o the owners permission?

Answer 1

Let me first say that I'm not a lawyer. That said, the police aren't exempt from the vast majority of the laws that affect everyone else. If they're parked on your private property against your will, then they're guilty of trespassing and could be asked to leave.

As someone else posted though, they could well be parked on the boundary of someone's property and therefore be on the "right of way", vs. actually being on their private land. In that case, they're "in the clear" legally.

Also remember that just because you see a cop on *someone else's private property* shooting radar doesn't mean they've done anything wrong. Perhaps they asked the property owner if it was ok to sit in his/her driveway, for example?

There's no statute saying radar readings taken from someone's private property are invalid by default.

Answer 2

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Answer 3

The owner of private property may exclude an officer (or any other person) from entering or staying on his property without his consent (absent a warrant).

HOWEVER, even IF he is wrongfully on private property, he can still ticket you for speeding. REASON -- he has not violated YOUR rights in using someone's private property.

I would never let a police officer use my driveway to catch speeders, but, then again, they never ask.

Answer 4

They would not be sitting in someone yard, Of course right of way in front of someones property is not private property, And other public areas, such as schools, and stores are not private property for that limitation.

Answer 5

Are you sure they are on private property? The 'right of way' does not end at the edge of the road. If they are on the right of way, it is legally the same as sitting on the road.

Answer 6

I have friends that say no, they can't.

He is a retired Chicago K-9 Officer, and she is a retired Legal Assistant from a high profile law firm in downtown Chicago.

Answer 7

if they can just do something real annoying right beside them like mow the grass , a weadeater is pretty annoying or how about setting up a lemonade stand to blow their cover . that is an afternoon full of fun

Answer 8

Probably, they can go wherever they want, they just can't enter the persons home without permission.

Answer 9

According to the cops in Joliet, IL anyone in my neighborhood can go in my backyard and I can't do crap about it.