search & seizure on private property

[lynstone]

Can a State Trooper enter private property,when not in pursuit to issue a faulty equipment ticket (brake light)? The person was not in the automobile, yet was given a ticket for know seatbelt in use. Any information would be appreciated.

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

No I don't believe so on either of those -- especially the no seatbelt. If this trooper had jurisdiction to stop the vehicle, he should have stopped them at the point he witnessed the no seat belt.

Entering private property, if not in hot pursuit, is illegal by anyone.

Hence, fight the ticket and charge the officer with trespass.