PD Jurisdiction in Private Parking Lots?

[Zigner]

Revised Code Of Washington provides that:

RCW 46.61.419
Private roads — Speed enforcement.

State, local, or county law enforcement personnel may enforce speeding violations under RCW 46.61.400 on private roads within a community organized under chapter 64.38 RCW if:

(1) A majority of the homeowner's association's board of directors votes to authorize the issuance of speeding infractions on its private roads, and declares a speed limit not lower than twenty miles per hour;

(2) A written agreement regarding the speeding enforcement is signed by the homeowner's association president and the chief law enforcement official of the city or county within whose jurisdiction the private road is located;

(3) The homeowner's association has provided written notice to all of the homeowners describing the new authority to issue speeding infractions; and

(4) Signs have been posted declaring the speed limit at all vehicle entrances to the community.


[2003 c 193 § 1.]

OP wasn't cited for speeding

Wa Supreme Court has held: Traffic stops are invalid when they occur on private property when the officer is enforcing the vehicle code for the basis of the stop, even open to public access. i.e: a shopping mall parking lot private property.

This wasn't a traffic stop

 

[AHA]

Again OP herd that in other states Police cannot give tickets on private property. My advice was to check their states statutes and also contact a lawyer.

OP wrote:



Merely pointed out that Police do not have jurisdiction to enforce traffic infractions in private parking in Washington State. Op insurance agent also believes this the case. Its easy to find out.


Revised Code Of Washington provides that:


Wa Supreme Court has held: Traffic stops are invalid when they occur on private property when the officer is enforcing the vehicle code for the basis of the stop, even open to public access. i.e: a shopping mall parking lot private property.


Police officers are trained to believe they are doing the right thing when enforcing unconstitutional and laws that don't really apply to the circumstance. As long as the local state or city calls it a law, The people who break these laws are considered criminals in the eyes of police and general public who watch to much television.

What is perfectly responsible and legal behavior today will be called irresponsible and illegal next month. I just wish that more police officer's understood that it is ALL based on revenue. It has nothing to do with making America safer and crime free under most states motor vehicle code.

Wow, so you think that the roads nd parking lots would be safer if everyone did whatever the hell they wanted behind the wheel?????
I'm sure glad I don't live in your area, you are going to kill someone. Good luck with that .

 

[FlyingRon]

OK, ignoring all the noise, and in absence of the OP actually bothering to tell us what he was charged with.

As pointed out CISCO's answer is wrong because the law is different in TEXAS. It's also wrong because even if this had happened in Seattle, he posts a completely irrelevant statute. Speeding enforcement was not the issue here.

IN TEXAS:

There is no requirement to have a drivers license on private property. Of course, if he told the police he had driven there, they may make a cause that he had operated on the highways without it. There's nothing that precludes you from being issued a ticket on private property for an offense that occurred elsewhere.

HOWEVER, there's the rules for property damage accidents. That includes giving the insurance info to the other driver AND showing your drivers license. If you don't have it to show, you can be held in violation of that section (in this case, there is no requirement that this be on the public roads).

I suspect however he was charger with 521.021 which will be dismissed if you show you did have the license (based on what the police officer said).

Now for the other charge: 545.415 Backing a vehicle does not seem to be limited to public highways, so yes you can get it in the parking lot.

The decisions on traffic enforcement on private property are a little varied in Texas, but the body is against you on this. The statutes talk about what people can and can't do with private roads, parking lots are not enumerated, but ones that are not residential in nature or private (ie., gated) generally will be subject to traffic law enforcement.