is it legal for a cop to wait for speeders on private property without asking permisson?

Question

i came home one day and i saw a cop car sitting off the road in a field that my dad owns and i talked to him and he didnt know the cop was there.

is this legal?

Answer 1

Its not trespassing unless its posted or the officer was advised he was unwelcome on the property.

If its land that's fully accessible to the public then its accessible to the police.

If your father wants the police gone from there he needs to post the area with no trespassing signs or contact the police department and advise them that they are not to use his land. (I doubt you wanna do that.)

Whats the problem with the cop sitting there? Hes doing traffic abatement. Stop speeders before they cause accidents and or deaths.

Answer 2

For anyone to use privately owned property they have to have the permission of the owner, including the state and the police department. However, it is often easier to apologize after the act than to ask permission to do it first.

In this case the cop will claim that he didn't know the owner of the property or that it was even privately owned. Since he was performing his duties a trespassing case can technically be pursued, but no court will rule against the police officer.

The best that you can hope for is to have your dad complain to the police department. He can expect an apology and a promise that officers will be told to not use that property again; a promise that will probably be ignored by the average cop. And if that cop does ignore your father's request and sets up another speeding trap on his property then again technically your father has a case, but no judge will rule in favor for him on it.

The only way you can prevent a police officer from using your father's property to run a speed trap is to either file a case based on damage that the police officer has done to your father's property or to develop that property in such a way, like a fence, where it is no longer possible for the police to use that as a speed trap.

Is it worth this, or do you just want to know that you are right on principal?

Don't forget that the state has an easement on the side of the road, which it uses to run utilities, ditches and sidewalks. In that case the state is not trespassing if it or any of its agents (police officers) use that land. Normally a state only exercises its easements to lay new utility lines or to widen a road, but technically that land doesn't belong to your father.

Now if we are talking about a property that borders the road with no easement on it then that is something else, but you will need to consult the deed to see if this is the case.

Answer 3

How far of the road was the cop? In many areas, the 'right of way' attached to the road extends 15 feet to either side of the pavement. It is possible the officer was legally on the ROAD.

Even if he was on private property, as long as the property owner does not complain, there is no problem. Anyone given a ticket could not use 'private property' as a defense.

To those who mentioned easements: Technically the father would own the property subject to an easement. But he is legally required to allow access for the purposes the easement was granted.

Answer 4

Yes they can. As a police officer, he/she has right and privlege to be on "private" property. This does not give him the right to search said property...just be on it. Also, as someone else stated...even thought your dad owns that field, there is probably a 15-20 foot easement thats actually owned by the towm, but they dont use it, and dont care if your dad does. That part gets a little tricky. But Yes the ocops can sit on private property without permission. Another example would be a parking lot of a business.

Answer 5

I think that the road would technically be owned by the state, unless it's your driveway or something but if not then it's legal for the cop to be there (I'm assuming it's not a major road with a lot of traffic, in which case it is definately legal for them to be there). Who knows maybe the cop just needed to pull over to talk on his cell phone? Anyway good luck with this.

Answer 6

Property is property, if your Dad doesn't want him there, he can politely ask him to leave. However, if your Dad believes in the purpose of a cops job, he'd let him just park on the field. Unless of course it was destroying growth of a crop... carbon dioxide from the car and oil drip or fuel drip.. It's all understandable..

Answer 7

WOW, I can't believe someone is actually complaining about the police being close to their house. I bet your house is one of the safest in the town. Why complain? Is he stopping you everytime you leave your house? Support Law and Order, don't complain about a guy trying to stop crime......Geez!

Who would be the first people you call if your house or car got broken into? Uh Huh....That Police Officer that you ran off....

There are bigger problems in this world than having a Police Officer sit in an open field......

Next time show him some appreciation for putting his life on the line to keep you and your family safe at night when you are sleeping comfortably by stopping by and saying "Thank You". You have no idea how much he would enjoy that....

You are well on your way to becoming a defense attorney......

Answer 8

Next time you nned a cop call a lawyer.

Really,unless the cop of damaging you land by driving on it, LOL!

But perhaps if you need a cop, they'll tell you, uh., we're kinda busy but we'll get there as soon as we can.

Answer 9

Common sense tell me no... if he didn't have permission he can't sit there and wait for speeders! And also he is trespassing and should get a ticket!

Answer 10

flow ask them to flow away. tell them it is published inner maximum belongings. in the event that they do no longer do it, get their badge numbers, and make contact with the police chief and whinge. If that doesn't do something, take it to the chamber of commerce and get actually everyone to whinge. yet... think of approximately it for slightly, in case you run obtainable screaming: "Get offa my land and stay off!", then in case you have something take place, perchance they gained't take place and instruct you the way to out....