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  1. #1
    hobby is offline Junior Member
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    Police parking in private residence carport

    I was recently given a ticket in Tyrone, Georgia for not properly stopping at a stop sign. The only vantage point from which the stop sign could be seen well (without the police being seen) was from a house across the road and to the right. In fact the policeman was parked directly in front of the residence carport, and had to drive out of the driveway to pull me over. (I turned left past the right side of the house after the stop sign).
    I asked the policeman if he was allowed to park on private property. He stated that he could park "anywhere within the right of way", which he defined as 25 ft from the road. At this time he abruptly left. I measured the distance to about30-35 ft from the edge of the road. I also took pictures of the area. I have not seen ANY policeman at this position before OR after the incident, and I pass this same spot 2-3 times per day for the last 8 months.
    I now know that the occupants of the house left just a couple of days before the incident.
    What is the law on where a policeman can "stake out" an area? Doesn't he have to have permission to PARK on private property? I do plan on going to court, however this local department has quite a name for giving lots of tickets for the small size of town. What are my chances?
  2. #2
    Happy Trails is offline Senior Member
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    Quote Originally Posted by hobby
    I was recently given a ticket in Tyrone, Georgia for not properly stopping at a stop sign. The only vantage point from which the stop sign could be seen well (without the police being seen) was from a house across the road and to the right. In fact the policeman was parked directly in front of the residence carport, and had to drive out of the driveway to pull me over. (I turned left past the right side of the house after the stop sign).
    I asked the policeman if he was allowed to park on private property. He stated that he could park "anywhere within the right of way", which he defined as 25 ft from the road. At this time he abruptly left. I measured the distance to about30-35 ft from the edge of the road. I also took pictures of the area. I have not seen ANY policeman at this position before OR after the incident, and I pass this same spot 2-3 times per day for the last 8 months.
    I now know that the occupants of the house left just a couple of days before the incident.
    What is the law on where a policeman can "stake out" an area? Doesn't he have to have permission to PARK on private property? I do plan on going to court, however this local department has quite a name for giving lots of tickets for the small size of town. What are my chances?
    The edge of the road may not be where the 25ft ROW begins. In our city the roads are platted to be 60 ft. wide, but they do not maintain the whole 60 ft.
  3. #3
    sukharev is offline Member
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    You will likely just angry the judge. Try a different defense, like obstructed sign or something. And, your best bet is still negotiating with DA for a non-moving violation.
  4. #4
    hobby is offline Junior Member
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    Police parking in private residence

    I understand. I have searched some of the Ga. law online, so far cannot find specific law regarding police on private property, except in the case of probable cause to pursue. Of course, this was not the case.
    I need to know the law on police use of private property in GA. Some Ga. law states specifically that the property owner must file with the govt. and REQUEST patrols on the private property. My case involves police ON private property WITHOUT permission and giving traffic ticket on public roads.
    If I cannot find specifics, I plan on requesting a Jury trial. Principal matters alot to me.
  5. #5
    You Are Guilty is offline Senior Member
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    Quote Originally Posted by hobby
    I understand. I have searched some of the Ga. law online, so far cannot find specific law regarding police on private property, except in the case of probable cause to pursue. Of course, this was not the case.
    I need to know the law on police use of private property in GA. Some Ga. law states specifically that the property owner must file with the govt. and REQUEST patrols on the private property. My case involves police ON private property WITHOUT permission and giving traffic ticket on public roads.
    If I cannot find specifics, I plan on requesting a Jury trial. Principal matters alot to me.
    The law you allude to is inapplicable to your situation (by your own admission). It refers to enforcing the laws ON private property, not FROM private property.

    And I do not know if you are eligible for a jury trial in GA. If I get time, I'll check, otherwise, someone may pop in with the answer.
    Beginner's Guide to Calling Lawyers:
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  6. #6
    hobby is offline Junior Member
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    Police parking in private residence

    yes, i know.
    Think police trespass. I am finding the owner of the house and will ask them if the police asked for permission to park in their carport. Surely there is law defining where police are allowed or NOT allowed to go in normal situations.
  7. #7
    You Are Guilty is offline Senior Member
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    Quote Originally Posted by hobby
    yes, i know.
    Think police trespass. I am finding the owner of the house and will ask them if the police asked for permission to park in their carport. Surely there is law defining where police are allowed or NOT allowed to go in normal situations.
    Uhm, OK. Keep us posted on what you turn up on that.
    Beginner's Guide to Calling Lawyers:
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