The citation was issued on Newport Blvd in Discovery Bay California
2007-10-19 15:41:23 · 18 answers · asked by Dar 1 in Politics & Government ➔ Law Enforcement & Police
Yes
Citizens often ask the officer to come and observe traffic in their neighborhood, and will advise the officer that it is OK to use their driveway to observe traffic.
Some police departments have policies against it, but there is no law against it.
2007-10-19 15:50:25 · answer #1 · answered by CGIV76 7 · 4⤊ 1⤋
Why wouldn't it be? In any case, I'm going to assume it wasn't your residence, so it wouldn't matter anyway. If you are thinking of a 4th Amendment violation, if it isn't your residence, you have no standing to complain. Moreover, if it is a driveway, it's still open to the public, so the 4th amendment search and seizure rules could not apply.
In California, residential streets have speed limits based on the prima facie speed limit. To use radar, there has to be a road survey filed within a certain period of time (could be 5, 7, or 10 years depending on the circumstances) before the violation. If the survey is over 5, 7, or 10 years (depending on the circumstances), the use of radar is illegal. Of course, that doesn't work on the freeways.
Find out if there is such a speed survey and when it was done. If it is over a certain number of years, the cop can't use radar (although he can use his ability to judge your speed with his eyes) and the radar might be thrown out.
2007-10-19 22:55:37 · answer #2 · answered by Erik B 3 · 0⤊ 0⤋
Yes. Even if the police officer did not have permission, and the resident filed a complaint, that would only create an administrative problem for the officer, it would not relieve a driver of the responsibility of a speeding ticket.
All the court will take into consideration is the facts as they pertain to the charge. If theofficer can prove excessive speed, you will be found guilty, regardless of where he was sitting.
2007-10-19 15:51:28 · answer #3 · answered by trooper3316 7 · 2⤊ 1⤋
Yes, especially if the homeowner called the police to complain about the excessive speed of the traffic moving past the home. Now pay the ticket.
2007-10-19 16:16:22 · answer #4 · answered by Anonymous · 1⤊ 0⤋
The rule is that the law enforcement officer must witness the infraction to issue the ticket. In a place like Discovery Bay you must have been really acting stupid to get a cop to come out of a house, get in his car and chase you around.
2007-10-19 15:45:38 · answer #5 · answered by Anonymous · 3⤊ 1⤋
Yes
2007-10-19 15:51:16 · answer #6 · answered by Anonymous · 4⤊ 1⤋
Doesn't matter where the citation was written; the answer is yes.
2007-10-19 16:56:20 · answer #7 · answered by Todd S 2 · 0⤊ 0⤋
definite, it relatively is criminal. the place an officer is sitting while he catches you rushing has no longer something to do with the fact you're rushing. exciting area word: rushing is illegitimate. concentration on that section.
2016-10-07 06:21:04 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Yes.
2007-10-19 16:11:21 · answer #9 · answered by Anonymous · 4⤊ 0⤋
Yes.
2007-10-19 15:43:15 · answer #10 · answered by Sordenhiemer 7 · 4⤊ 0⤋