tickets!? on private property??

[dymondb]

What is the name of your state (only U.S. law)? hawaii
can the police patrol and ticket your vehichle in a privately owned subdivision?

 

[LeeHarveyBlotto]

Of course.

 

[The Occultist]

You're obviously going to need to provide more details to your situation, and until you do, I will agree with dymondb, only because I know that most officers will not waste their time doing something they are not allowed to do.

 

[dymondb]

I live and own 1 acre in hawaian ocean view estates. We as property owners we pay road and maintanance fees( we have our ownroad crew that take care of the roads). we have catchment tanks, no city and county lines for water, we all have to put up our own electric poles to run power, we have two streets that run in the subdivision considered to be public access. I have seen hpd parked on the side of our roads and pull over vehichles and tag them for whtever reason they might be.

 

[cyjeff]

Do you have your own police and fire department?

 

[dymondb]

we have our own fire dept. as far as police they are invited in by calls. our roads are not considered to be city and county roads.

 

[Curt581]

we have our own fire dept. as far as police they are invited in by calls. our roads are not considered to be city and county roads.

Have you and your co-owners declared sovereignty and/or seceded from the United States?

 

[CdwJava]

Can they patrol? More than likely. Can they issue tickets? That depends on the violation. if the offense is one that is applicable anywhere in the state, sure. if the offense is applicable only on publicly maintained highways, no.

So, what were you cited for?

- Carl

 

[FlyingRon]

Further, there are many states that allow private developments to set a procedure that allows the police to enforce laws as if it is a public road.

 

[seniorjudge]

Have you and your co-owners declared sovereignty and/or seceded from the United States?

I always want to answer a thread like this: "If a murder were committed in your house, could the police investigate it?"

 

[Maestro64]

Generally speaking police do not have permission to enter private property unless they are reason to believe a law has been broken. This is why you can ask the police to leave your property at any time. Also, many times police can not write citation on private property, they would like to believe they can but it not always true. Some time towns and cities write ordinances which give police special permission to issue citations on private properly like mall parking lots and the such and even your own property depending on the violation.

Before you can decide if the police are doing something wrong you need to first find out if the community you live in invited them in, which could be the case, I bet you someone who has an issue has invited the police in to address the problem. If they were not invited you need to check with the town to see if they have special ordinance which might have been put in place when the community was originally approved by the town.

If either of these two are true than you can probably ask them to leave and stop ticketing people, also anyone who got a ticket mostly likely has a pretty good defense to has ticket dismissed since the police were outside their jurisdiction. If you read most states vehicle code it defines the jurisdiction of these code as being public road either controlled by the state or local government.

However, before you ask them to leave and to the Senior Judges point, you might not want to cause a problem between the police and the community.

 

[CdwJava]

Hence the question regarding what the OP was cited for.

- Carl

 

[JIMinCA]

I think the question is... was the ticket written for a rule that was established by competent and legal authority? For example, if there is a speed limit sign that was just arbitrarily put up by one of the neighbors, then NO, the cops cannot enforce that.

 

[CdwJava]

I think the question is... was the ticket written for a rule that was established by competent and legal authority? For example, if there is a speed limit sign that was just arbitrarily put up by one of the neighbors, then NO, the cops cannot enforce that.

That, too ... very true.

Hence, again, the reason we need to know about the code section cited. At this point the answer to the question, "Can they write a citation?" would be, "Maybe ..."

- Carl