Can a CHP officer radar you from private property? CA

[Weaverwelder]

What is the name of your state (only U.S. law)? California

i received a ticket for going 82 in a 55 ( CVC 22349 b ) on a rural road near modesto Ca. Officer was kind and respectful. But I travel this road every day and I noticed on my way home that day that he had been parked on a dirt road back about 50ft. Only 20ft off that same road is a sign stating "Right to pass by permission and subject to control of owner" and a "no trespassing sign". Can a CHP Radar you while trespassing on private property?

I plan on fighting this ticket via trial by declaration. I

Thank you
Chris W.

 

[Just Blue]

What is the name of your state (only U.S. law)? California

i received a ticket for going 82 in a 55 ( CVC 22349 b ) on a rural road near modesto Ca. Officer was kind and respectful. But I travel this road every day and I noticed on my way home that day that he had been parked on a dirt road back about 50ft. Only 20ft off that same road is a sign stating "Right to pass by permission and subject to control of owner" and a "no trespassing sign". Can a CHP Radar you while trespassing on private property?

I plan on fighting this ticket via trial by declaration. I

Thank you
Chris W.

Yeah...He can.
I'm going to ask Carl to post to your thread. He will either "give me a smack" or agree and tell you why it was legal.

 

[Weaverwelder]

Yeah...He can.
I'm going to ask Carl to post to your thread. He will either "give me a smack" or agree and tell you why it was legal.

AHH MAN!! I was really hoping that wasn't the case. I would really like to know why. Please Carl reply.

 

[Just Blue]

AHH MAN!! I was really hoping that wasn't the case. I would really like to know why. Please Carl reply.

Ahh. Man?

after reading your posting history please stop driving.

 

[Weaverwelder]

Ahh. Man?

after reading your posting history please stop driving.

I know, I know. But I Drive hundreds of mile a day 5 days a week 50 weeks a year and I am usually in some kind of rush.

 

[CdwJava]

Yes, the CHP officer can run radar from private property. If the property owner does not want the officer there, he can complain to the CHP, but it does nothing to make any radar reading or visual estimation made by the officer invalid or unlawful.

You do not have a 4th Amendment protection for your speed on a public roadway. Now, had the officer entered onto the posted property absent probable cause and then discovered some criminal activity ON that property that was only visible when he entered onto the prohibited area, then that property owner might have a valid claim to a suppression motion. You don't.

 

[Just Blue]

I know, I know. But I Drive hundreds of mile a day 5 days a week 50 weeks a year and I am usually in some kind of rush.

What? A "rush" to die or kill?

 

[Just Blue]

Yes, the CHP officer can run radar from private property. If the property owner does not want the officer there, he can complain to the CHP, but it does nothing to make any radar reading or visual estimation made by the officer invalid or unlawful.

You do not have a 4th Amendment protection for your speed on a public roadway. Now, had the officer entered onto the posted property absent probable cause and then discovered some criminal activity ON that property that was only visible when he entered onto the prohibited area, then that property owner might have a valid claim to a suppression motion. You don't.

Thanks for posting to this thread.

 

[CdwJava]

Thanks for posting to this thread.

I caught your PM.

I don't get email notices of new posts or even replies to threads I am on, but, I DO get them for PMs! Go figure.

 

[CdwJava]

I know, I know. But I Drive hundreds of mile a day 5 days a week 50 weeks a year and I am usually in some kind of rush.

SLOW DOWN! Speed kills! Nearly a third of all fatal and injury collisions in CA are due to unsafe speeds.

 

[FlyingRon]

Cops are allowed to be sneaky. We call it good police work.