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can they do it

braveheart

braveheart

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Can cops park in private driveways and set up radar traps ?

can they do this anywhere that they want ?

i have seencops getting sneaky and getting into some really good hiding spots to bust drivers

is it also illegal to warn oncoming traffic of them ?
 
I'm guessing yes, seen it many times at hockley
braveheart said:
Can cops park in private driveways and set up radar traps ?

can they do this anywhere that they want ?

i have seencops getting sneaky and getting into some really good hiding spots to bust drivers

is it also illegal to warn oncoming traffic of them ?
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I very much doubt that they can park on your property without permission. If I saw a cop running a speed trap from the end of my driveway I'd definitely have a problem with it.

I remember a cop asking a priest if he can run a radar trap from his church parking lot once...
 
Unless the property owner or someone else with delegated control of the property (such as a tenant) tells them to move, they should be able to stop there. If they're told to move and don't then they're trespassing unless some other legal authority (of which there are several - such as dealing with an emergency, having a warrant, etc) gives them the authority to sit there.
 
i dont know if thats right. its still tresspassing whether you are home or not.

if i got a speeding ticket from a cop that has been hiding on someones property, could i fight that ticket, claiming that he didnt have the permission of the property owner to be there ? you'd have to subpeona the homeowner, and i doubt they would appear for something so trivial to them

what about flashing the hi-beams ?
 
braveheart said:
i dont know if thats right. its still tresspassing whether you are home or not.

if i got a speeding ticket from a cop that has been hiding on someones property, could i fight that ticket, claiming that he didnt have the permission of the property owner to be there ? you'd have to subpeona the homeowner, and i doubt they would appear for something so trivial to them

what about flashing the hi-beams ?
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It isn't trespassing if there are no signs to tell people to stay off your property. How do you think the mail gets delivered or the girl guide sells her cookies?

Also, regardless of whether the cop was trespassing, that doesn't change the validity of his evidence that you were speeding. It's irrelevant. Same way as if he wasn't wearing his seatbelt his radar readings would still be admissible.
 
if theres a sidewalk through a driveway then its considered city owned and cops can put traps there....if the back of the car is over a sidewalk then there not on private property yet if closer to the bottom part, if no sidewalk then yeah pp.
 
They could be in outer space, it has no bearing at all on the validity of your ticket.
 
Griffin said:
It isn't trespassing if there are no signs to tell people to stay off your property. How do you think the mail gets delivered or the girl guide sells her cookies?Also, regardless of whether the cop was trespassing, that doesn't change the validity of his evidence that you were speeding. It's irrelevant. Same way as if he wasn't wearing his seatbelt his radar readings would still be admissible.
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But the evidence they obtained wouldn't have been obtained if they weren't trespassing. Your argument with the seatbelt is irrelevant because it doesn't matter if he had his seatbelt or lights on or was drinking a coffee. Fact of the matter is that (let's say) a cop searches your car without permission or probable cause, any evidence they find they can't use in court because they obtained it incorrectly. Guilty or not. That's one of the effed up parts of the law. Even the truly guilty scumbags get off on BS technicalities sometimes.
 
Smutty said:
But the evidence they obtained wouldn't have been obtained if they weren't trespassing. Your argument with the seatbelt is irrelevant because it doesn't matter if he had his seatbelt or lights on or was drinking a coffee. Fact of the matter is that (let's say) a cop searches your car without permission or probable cause, any evidence they find they can't use in court because they obtained it incorrectly. Guilty or not. That's one of the effed up parts of the law. Even the truly guilty scumbags get off on BS technicalities sometimes.
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The road allowance is usually a lot wider than just the pavement. In my case the distance from the edge of the travelled portion of the two lane country road to my property line is a bit more than a full car length. That means that the entrance to "my" driveway is actually just an easement over public land, so a cop could park at the end of my driiveway and still be on public property.

Even as far as trespassing onto your land is concerned, unless you specifically sign your property otherwise, the public has implied permission to enter onto your property at the usual and customary access point in order to get to your front door.

Even if the cop is fully on your property, that is a legal issue between you and the cop and your property rights. It has absolutely no bearing on the validity of tickets issued against a third party. That third party cannot argue that their "rights" were violated because they have no personal standing or interest in a situation where your property rights are somehow violated.

Regarding admissibility of evidence obtained by search of your car without proper reason, don't count on the courts automatically tossing it out. There is a pile of case law where such evidence has indeed been admitted by the court despite overtly improper searches. The courts tend to weigh the value of the greater public interest against the harm to Charter rights caused by the improper search, and the greater public interest does often come out on top. Sometimes the scumbags do get off on technicalities in Canada, but it is by no means the near-automatic slam dunk that is usually the case in the US.
 
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braveheart said:
Can cops park in private driveways and set up radar traps ?
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Yes, unless asked to leave by the owner/resident.

can they do this anywhere that they want ?
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Yes, unless it presents a safety issue or the owner/resident asks them to leave.

i have seencops getting sneaky and getting into some really good hiding spots to bust drivers
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Don't speed = don't risk getting caught

is it also illegal to warn oncoming traffic of them ?
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No.

http://www.wheels.ca/article/asset/173244
 
turbodish said:
The road allowance is usually a lot wider than just the pavement. In my case the distance from the edge of the travelled portion of the two lane country road to my property line is a bit more than a full car length. That means that the entrance to "my" driveway is actually just an easement over public land, so a cop could park at the end of my driiveway and still be on public property.

Even as far as trespassing onto your land is concerned, unless you specifically sign your property otherwise, the public has implied permission to enter onto your property at the usual and customary access point in order to get to your front door.

Even if the cop is fully on your property, that is a legal issue between you and the cop and your property rights. It has absolutely no bearing on the validity of tickets issued against a third party. That third party cannot argue that their "rights" were violated because they have no personal standing or interest in a situation where your property rights are somehow violated.

Regarding admissibility of evidence obtained by search of your car without proper reason, don't count on the courts automatically tossing it out. There is a pile of case law where such evidence has indeed been admitted by the court despite overtly improper searches. The courts tend to weigh the value of the greater public interest against the harm to Charter rights caused by the improper search, and the greater public interest does often come out on top. Sometimes the scumbags do get off on technicalities in Canada, but it is by no means the near-automatic slam dunk that is usually the case in the US.
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If the officer is blocking your driveway you have every right to ask him to leave, and he must. ''Public property' or not, it's still your method of accessing your property via vehicle.

I would dispute your claim that the easement is public property. An easement does not imply ownership. An easement, by definition, is an area of property to which another party has legal access to. You are own it, and are responsible for upkeep (cutting grass, etc.), but another party has right of access. The city may have a great deal of access, to the easement in front of your property, but they don't own it.

You don't need to sign your property, in order to enforce trespass. The purpose of a sign is to inform people, that you do not wish them to enter your property. Doing so, verbally, is as good or better notice.
 
Rob MacLennan said:
If the officer is blocking your driveway you have every right to ask him to leave, and he must. ''Public property' or not, it's still your method of accessing your property via vehicle.

I would dispute your claim that the easement is public property. An easement does not imply ownership. An easement, by definition, is an area of property to which another party has legal access to. You are own it, and are responsible for upkeep (cutting grass, etc.), but another party has right of access. The city may have a great deal of access, to the easement in front of your property, but they don't own it.

You don't need to sign your property, in order to enforce trespass. The purpose of a sign is to inform people, that you do not wish them to enter your property. Doing so, verbally, is as good or better notice.
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You do not own any part of the road allowance that your driveway uses to get from the edge of the road to your property line. That can be several meters. You in effect have an easement across the town or county-owned road allowance. It's an informal easement, not registered on title or anything like a formal hydro or gas line easement might be. However, that last bit of "your" driveway is not really your property and you have limited right to do anything about anyone sitting there who is not impeding your access to your property that lies beyond the road allowance.

The signage is not require to enforce trespass, but if you have no signage, then the direct route from your customary entrance (driveway or walkway) from the road up to your front door is considered to be a free access route for visitors or others UNLESS you specifically state otherwise. If you don't want people even setting foot on your property along that route, you can either stand there on the edge of the property waiting for people to tell them to go away, or you can simply post a sign explicitly prohibiting entry for any reason.

Without such notice though, it's not considered trespass for someone to walk or drive from the street directly to your front door even without explicit permission to do so. This prinicple is outlined in the Trespass to Property Act of Ontario.
Prohibition of entry
3. (1) Entry on premises may be prohibited by notice to that effect and entry is prohibited without any notice on premises,
(a) that is a garden, field or other land that is under cultivation, including a lawn, orchard, vineyard and premises on which trees have been planted and have not attained an average height of more than two metres and woodlots on land used primarily for agricultural purposes; or
(b) that is enclosed in a manner that indicates the occupier’s intention to keep persons off the premises or to keep animals on the premises. R.S.O. 1990, c. T.21, s. 3 (1).

Implied permission to use approach to door
(2)There is a presumption that access for lawful purposes to the door of a building on premises by a means apparently provided and used for the purpose of access is not prohibited. R.S.O. 1990, c. T.21, s. 3 (2).
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Prince said:
If you see a cop trespassing on your property, grab the cruiser number and license plate number and call the cops and ask to speak to a desk sergeant, or a platoon sergeant. The cruiser will move.

As for your second question, while flashing your high-beams to warn of speed traps is illegal in most US states, it's perfectly legal in Canada:

http://www.thepassinglane.ca/2010/05/speed-trap-ahead-feel-free-to-flash-those-high-beams.html
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Or you thank him for doing his job.

I live on a major highway but the speed is 60 through my little town. To the south there is a blind crest. I can get out of my driveway and head north in plenty of time not to affect the flow of traffic - BUT NOT WHEN YOU ARE DOING DOUBLE THE POSTED SPEED LIMIT!

So thanks to the officer that sits at the end of my drive - you are welcome there anytime.


By the way - you are wrong about warning others.
 
meme said:
Or you thank him for doing his job.I live on a major highway but the speed is 60 through my little town. To the south there is a blind crest. I can get out of my driveway and head north in plenty of time not to affect the flow of traffic - BUT NOT WHEN YOU ARE DOING DOUBLE THE POSTED SPEED LIMIT! So thanks to the officer that sits at the end of my drive - you are welcome there anytime.By the way - you are wrong about warning others.
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Can you clarify what part is illegal/what you'd be charged with/section of HTA?
 
I'm actually wrong, just looked all over and can't find it either
 
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