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I recently received a ticket for leaving my car door unlocked. The police officer opened the door, and left the ticket on my front seat before locking the door. My question is two-fold. First, isn't it breaking and entering to open my car door, much as it would be for a police officer to enter a home without just cause(here I'm assuming that an unlocked door doesn't equate to someone in distress)? And secondly, how can the law dictate what I do within the confines of my own private property? I understand parking tickets, where I have placed my private property where it doesn't belong, but the door lock is a part of my property, and as such, how is the law entitled to dictate what I do with it?

2007-03-21 18:26:13 · 3 answers · asked by the_really_good_son 1 in Politics & Government Law Enforcement & Police

sorry, I live in Canada, specifically Quebec, so while I know the constitution of the United States doesn't apply, and while I don't know the specifics of my own Charter of Rights, I find it hard to imagine that the government can legislate about something like this.

2007-03-21 18:34:49 · update #1

3 answers

It may be a city ordinance.
We have one here where if you leave your keys in the ignition with your car running while you are not in it anywhere in a public place you get a ticket.
(Too many car thefts occurring.)

I was reading just recently, that some places like New York have gone so far as to try and ban car alarms because they are simply ineffective. Thus, ordinances mandating car locks are slowly falling into place.

Was your vehicle parked in a public place?

Man. That sucks. I feel for you.

.... although.... the cop putting the ticket IN your car? I dont know about that. My husband said he'd never do that.

Third edit... lol.. sorry-
my husband just said that he could understand the cop putting the ticket INSIDE your vehicle especially if people were complaining they werent getting the tickets and also- it proves the ticket IS in fact legit- that your door really was unlocked.

2007-03-21 18:38:53 · answer #1 · answered by Anonymous · 0 0

What state/country are you in? It's hard to imagine any law that requires you to keep your car locked surving constitutional challenge.

But the police officer also violated constitutional requirements if he opened your car door without probable cause to believe a crime had been committed (cars are an exception to the general warrant requirement, and usually only require probable cause for a search).

2007-03-21 18:31:30 · answer #2 · answered by coragryph 7 · 0 0

as a measure of anti-theft it is actually quite legal to impose an ordinace to require you to lock your vehicle in public. where I live in the U.S. it is illegal to leave you car running while you are not in it. you can be ticketed for doing so. this is because if someone steals your car as a result of your neglagence the police now have to dedicate resources to what would have been a prevetable crime. as for opening the door to give you the ticket, the officer was merely securing you vehicle as is required under the statued that he wrote the ticket under. since he did not search your vehicle and attempt to arrest you for some search and seizure he or she commited no violation of constitutional rights. it would be like an officer coming to your door and finding it ajar. they can stick thier head inside to see what is happening. if they choose to leave after finding the house unoccupied they certainly have the right to secure the building.

2007-03-21 18:55:08 · answer #3 · answered by nyxcat1999 3 · 0 0

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