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Motorcycle Cop Legalities (CA)


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Posted

As Police we have to obey the same laws we enforce.

With that said we can park anywhere at any time as long as there are not any "Private Property / No Trespassing" signs posted. In the cases there are signs posted the owners of the property have granted us permission to be there.

Rolex you sicken me.

this_zpszasq3bwt.gif

Just let me finish my pie

~ Juice

Posted

As Police we have to obey the same laws we enforce.

With that said we can park anywhere at any time as long as there are not any "Private Property / No Trespassing" signs posted. In the cases there are signs posted the owners of the property have granted us permission to be there.

Thats what I was getting at. If that business does have a "no trespassing sign", the business owner would have to have given permission to PD to use the spot. But, does that permission have to be in writing? Would a "no loitering" sign suffice if there is not a "no trespassing" sign.

SMD Super Seller


My Feedback Thread

Posted

Lets start with the easy one first.

Does it have to be in writing? NO

Verbal permission can be granted and is as binding as written. Written obviously is easier to prove and it would fall on you to prove that verbal was not granted.

The entire situation your describing falls under the guise of Curtilage. It is very difficult to discuss because it is addressed by MANY different aspects of the law each of which have pros and cons to your case depending on the totality of the situation.

LOL, that's the legal way to say cops get away with a lot of shit cause we can!

Seriously though, Google Curtilage and it will open your eyes as to how property and the expectations of behavior on property are perceived by the courts.

Loitering and trespassing are two separate matters. You can have trespassing without loitering, but by definition you can not have loitering without trespassing!

I hope most of this made sense

Rolex you sicken me.

this_zpszasq3bwt.gif

Just let me finish my pie

~ Juice

Posted

Plenty of sense. My dads been a cop for near 30 years and I do have a criminal justice degree. This is just one of those particular cases where I feel this officer is in the wrong. Ill go back and check for signs and maybe even ask the business owner about it.

But like I said before, I have no problem admitting I was speeding and paying the fine, AS LONG AS the officer wasn't breaking the rules either.

SMD Super Seller


My Feedback Thread

Posted

i'm with ya man, I understand.


Your going to find two things out on this:



1) The average store owner doesn't even know what his rights are when it comes to the police on their property which leads to my next point


2) The average store owner wont say the police had no right to be there even if they were never asked if it was ok



97.62% love to see us sitting cause it gives them a warm and fuzzy that they are safe and protected and wont do anything to cause us to not be there. Is it right? Is it wrong? you know how that goes



people always talk smack about how cops eat for free etc.... the reason is that most business owners find that its a very cheap crime deterrent to give a cop a $10 meal rather than have $100's of dollars in monitoring fees and $1000's of dollars of equipment ....



i'm getting off topic now, I must be getting hungry!


Rolex you sicken me.

this_zpszasq3bwt.gif

Just let me finish my pie

~ Juice

Posted

Don't get me wrong, I support law enforcement. Shit, free meals should be mandatory LOL.

But I do hold LEOs to following the rules. Ill go talk to this attorney tomorrow and see if he knows about these motor units using his parking lot/building as camouflage.

SMD Super Seller


My Feedback Thread

Posted

Gonna throw it off topic again (sorry).

Do you use the YaV1 app with your V1? Also do you have it setup for custom sweeps? Cause you can increase the detection range with custom sweeps, but nothing can help with I/O and nobody ahead of you for a rabbit.

Brandon

2000 Furd Ranger supercab 4x4

System:

welding wire throughout the truck

USalts 390amp Hairpin

Juicebox in stock location

8 Banks of maxwell supercaps

2 American Bass Vfl 1100.1 wired to .35 each

2 Fi Audio Sp4 18's ( the DD sc 9918's smoked)

Pioneer radio with Soundstream PA mids Powered by a nice sized soundstream 2 channel

It's pronounced (dain-ja rain-ja) :ph34r:

 

2001 2 door focus

1 DD9918 SC 

Posted

Most of the time they don't even have to hide. You run into them doing the illegal and dont even notice until its too late Lol..

BUILDLOG

http://www.stevemeadedesigns.com/board/ind...showtopic=61862

"98crewcab"Never a POS....just always "a work in progress" lol that's how we roll bitches!!!

Your a lowlife kid. I bet your mother wants to kill herself for not swallowing your ass.

Posted

BTW fight it. What's the worst to happen? Lose? Its better to fight it and have hope he doesn't show up rather than just letting them fuck you. Won my last 2 speeding in a semi truck

BUILDLOG

http://www.stevemeadedesigns.com/board/ind...showtopic=61862

"98crewcab"Never a POS....just always "a work in progress" lol that's how we roll bitches!!!

Your a lowlife kid. I bet your mother wants to kill herself for not swallowing your ass.

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