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Policy on Collecting Radar Evidence

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W

West

Guest
State: California - Los Angeles County.

I need some help. Does anyone know what the requirements are in terms of the police collecting radar evidence? The reason I ask is this:

While driving along a street in my neighborhood, I was pulled over by an officer on a motorbike. The charge was speeding - 35mph in a 25mph zone. On the citation, the officer states that my speed was recorded according to radar. The officer was parked in someone's driveway, hidden behind a bush, when he used his radar (if, in fact, he ever did). He pulled out of the driveway just after I passed it and then pulled me over.

Are the police allowed to hide in people's driveways like that to collect radar evidence on speeders? Can the radar readings be sumbitted as evidence? If the officer requires permission from the owner of the property to do this, what kind of permission does he or she require - written or verbal?

Thanks in advance for your help.:)
 


racer72

Senior Member
The officer was most likely in the roadway right of way, not on actual private property. And depending on the local laws, this can be from 6 inches to 20 feet from the edge of the road. Even so, the officer does not require specific permission from the property owner. If the property owner does not want the officer on his property, the owner may ask the officer to leave. As someone that lives on street that very few obey the speed limit, I would welcome an officer to use my driveway for traffic enforcement. There is nothing else in your post that suggests that the officer did anything wrong. I would suggest a consultation with a local attorney if you wish to fight the ticket.
 

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