LAWYER: Can Cops Follow You Onto Private Property?

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Andrew Flusche Attorney at Law

Andrew Flusche Attorney at Law

Жыл бұрын

Your home is your castle! Your business is private property! So how far can cops go to give you a ticket? Or arrest you? Let's find out!
Leave Andrew a voicemail with questions or ideas: www.speakpipe.com/flusche
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Пікірлер: 251
@beatsbyLSD
@beatsbyLSD Жыл бұрын
I for one, am an advocate for chain chomp cops.
@robertengland8769
@robertengland8769 Жыл бұрын
I like this lawyer saying don't talk to the police. If I'd heard that sooner, I could have been spared a lot of pain and hardship.
@applejacks971
@applejacks971 Жыл бұрын
If I make it home, I win... That 'Leeeeeroooooy Jenkins' bit lol! Well played! :)
@johns6787
@johns6787 Жыл бұрын
Here's a scenario with slightly different real-life facts I'd love to hear you cover: My friend (the driver) and I went to a local hardware store that was in a mall type arrangement. It just so happened that an officer was sitting in the parking lot. As my friend was passing the entrance to the store and seeing no pedestrian or other traffic, my friend did not come to a complete stop at the stop sign. The officer, who had a very clear view of the "infraction" but whom my friend just didn't notice, flipped on his lights and "pulled over" my friend as he parked in a spot. My friend did a good job of admitting to nothing, but still got a ticket (likely, IMHO, because he did a good job of admitting to nothing). Fast forward a few weeks and my friend asks me to come to court with him as a witness. I won't bore you with the routine details, but he pleaded not guilty and at some point explains to the judge the the stop sign was posted in the "mall's" parking lot so the police had no jurisdiction. The judge verifies the location and the ticket is tossed. The rationale, I was told, was that unless there is a local ordinance specifically authorizing police to "patrol" privately owned public spaces, they have no jurisdiction. And municipalities don't usually want the responsibilities that come with such an ordinance, so they don't pass them. So, did the judge make the correct decision? If so, then how would handicap parking be enforced? Similarly, if he was correct then how does that effect a situation where police clear out a parking lot of teenagers when no trespass authorization has been provided? (ahhh, the memories of lost youth) Looking forward to hearing you take. Thanks for the great vids!
@Backonos
@Backonos Жыл бұрын
I would be surprised if the stop signs are set up to local law, I dont know all the state laws but usually the stop sign needs a solid white line painted and you stop before/at the line. Many stores just have the sign and no line to actually stop at.
@alexanderrogge
@alexanderrogge Жыл бұрын
Where was this "stop sign" at the mall? Except for the "stop before driving onto a public road" reminder signs at the exit to a public road, traffic signs, painted lines and arrows, and traffic signals on private property are unenforceable. Some of these malls make it look like a legal sign or signal, but they're not legal unless there's some agreement with the government that converts a private road into a public road that must also follow the same regulations and approval process regarding the placement of lanes, signs, and signals. The only problem is that you need to expect the obedient drivers to expect you to obey the fake signs and signals, and your or the other driver's insurance company could claim that you were negligent if you hit somebody. Some malls are really crazy about putting "stop" signs at the end of every aisle in a parking lot, pointing at the street in front of the parking lot, causing the obedient drivers to stop every 20 feet or so and cause a traffic jam such that drivers can't exit the parking spaces and others can't park. Another mall that I visit often has recently put a "stop" sign about 20 feet from the entrance, facing the traffic entering the mall. Obeying this fake sign could result in a collision, as drivers would be blocking traffic on the public road after being unexpectedly unable to complete a left turn because somebody else stopped at the fake sign. What continues to confuse me is why these obedient drivers will stop at every fake "stop" sign on private property, but ignore the legal requirement to stop when entering the public road, and then drive in front of the traffic with the right-of-way and without any apparent attempt to accelerate and avoid the collision.
@lostboy8084
@lostboy8084 Жыл бұрын
Traffic violation is on public roads, you can put up stop signs that look exactly like public road stop sign just as you can put up speed limit signs. They are not enforceable by police. Disability parking is in building codes and depending on where you are usually parking enforcement can vary but in most cases police will only respond to a complaint against illegal parking
@keithmarlowe5569
@keithmarlowe5569 Жыл бұрын
A lot of police and court action is assumption of authority and citizens being ignorant and intimidated. How many teens are going to demand to see a no trespass order? I got a ticket for crossing white line. I went to court and plead not guilty. I was found guilty. I didn't know how to argue my case with statute. Now I do should it happen again. The point being if your in court and ignorant of law, they will take advantage of that
@suedenim9208
@suedenim9208 Жыл бұрын
@@Backonos If you've actually read the law for even a single state that says a line is required feel free to cite it. I certainly haven't seen them all, but I've read plenty of vehicle code laws and they very often use similar or identical text because the traffic laws are largely standardized and there's no reason to reinvent the wheel. Of the ones I have see they all say something very similar to "... every driver of a vehicle approaching a stop sign shall stop at a clearly marked stop line, but if none ..." That may not apply to every stop sign on private property, but the absence of a white line is irrelevant
@twn5858
@twn5858 Жыл бұрын
It's a good idea to pull into a private business if you know they're going to pull you over that way they can't tow your car and force you to pay for the tow in order to get your car back. I had this happen to me a couple years back because apparently the driver's license division suspended my license without letting me know about it and they took me to jail for it. Thank goodness I pulled into a grocery store before they pulled me over so they couldn't force me to pay for them to tow the car. Still took me to jail unfortunately.
@motogstylus3260
@motogstylus3260 Жыл бұрын
Terminator 2, Chain Chomps, Leroy Jenkins, and OJ Simpson: What do they have in common? Nothing before this video. Well done, Sir Flusche!
@Pablo_Hay
@Pablo_Hay Жыл бұрын
Hahahaha
@mrj8188
@mrj8188 Жыл бұрын
Ya-huh Nuh-uh Ya-huh Nuh-uh 🤣🤣🤣🤣🤣
@jlg3315
@jlg3315 Жыл бұрын
i'm sorry andrew, but i am afraid she could not be ticketed under the "olly olly oxen free" rule.
@lizzyschmidt8429
@lizzyschmidt8429 Жыл бұрын
😂
@donkink3114
@donkink3114 Жыл бұрын
😅😊😂
@GunToting
@GunToting Жыл бұрын
ABSOLUTELY
@kjata77
@kjata77 Жыл бұрын
Thank you for another great video! Your skits are always great and informative, not just fluff.
@kennethmiller2333
@kennethmiller2333 Жыл бұрын
+5 for putting a Mario reference in a legal explanation. Bravo Zulu. Regarding Mr. Waddell - it's ironic that he got done in by corporate personhood. Most people form corporations in order to legally separate themselves from their businesses. It's that very separation that did him in. Well... that and the fact that he was selling counterfeit coins.
@suedenim9208
@suedenim9208 Жыл бұрын
I very much appreciate the irony that the corporation is a completely separate legal person from Waddell, but I'm not sure it actually mattered who owned the website or server. He gave access to other people, including a web designer, and the web designer gave the cops consent and her login information. If your roommate lets the cops come in and search part of your house that they have lawful access to the search is a lawful consensual search, and that's essentially what happened in this case.
@janbrittenson210
@janbrittenson210 Жыл бұрын
In California you can get ticketed for your driving on a private parking lot as well, such as if you fail to yield to pedestrians or roll through a stop sign. As long as it's public access, meaning anyone can drive onto and off of it, as if it were public, the CA vehicle code applies. Even if it's a for-pay garage with a gate, as long as anyone can pay to access it.
@creepingcharly
@creepingcharly Жыл бұрын
Entertaining and educational...always a great combo. Love the Terminator references!
@mactan_dame
@mactan_dame Жыл бұрын
New Subscribers thank you for your blogs and educational information to all.
@sachiperez
@sachiperez Жыл бұрын
I really enjoy the silliness of your skits!
@elmerkilred159
@elmerkilred159 Жыл бұрын
So, hypothetically; IF an officer has a problem with a business, he can sit around in a parking lot all day issuing citations (legit or not) to indirectly discourage customers from patronizing that business.
@michaelward3421
@michaelward3421 10 ай бұрын
Great video! Bonus style points for the Leeroy Jenkins reference... lol.
@fiosfiend
@fiosfiend Жыл бұрын
I don't live in Virginia but I love your videos. While some of what you discuss doesn't apply to where I live, I find that much (most) of what you present is pretty universal. Keep making these videos, people need to know this stuff.
@thegreyfuzz
@thegreyfuzz 6 ай бұрын
Got a bunch of tickets for reckless driving, allowing an unlicensed minor to drive an unregistered and uninsured truck........ in my own 50 acre field adjacent to a state highway, note it was a work/farm truck had never been taken off my property in over 5 years. Cop saw my daughter throw up rooster tails trying to learn how to release the clutch and hit the gas proportionately (I deserve a medal for teaching a millennial how to drive a stick and surviving!) The silly cop even showed up in court to defend the stack of tickets he'd written me, the judge was slightly less than amused with him.
@FiveBuckets
@FiveBuckets 3 ай бұрын
I love the clip from Terminator 2! It goes with your narration perfectly!
@ithinkaboutthings9052
@ithinkaboutthings9052 Жыл бұрын
Nice chuckle after our lawyer secured the thespian talent of a cop who looks remarkably similar to the lawyer.
@alice20001
@alice20001 8 ай бұрын
LMAO the comparison with a chain-chomp. GOLDEN
@Quacks0
@Quacks0 Жыл бұрын
4:06 LOL I love how he uses the infamous O.J. Simpson Ford Bronco chase to illustrate his point here. :P :D
@itowmyhome797
@itowmyhome797 Жыл бұрын
Thank you
@User-cc6cq
@User-cc6cq Жыл бұрын
Loved the T2 clip!
@alexandrel6344
@alexandrel6344 7 ай бұрын
Haha I loved the t1000 saying your tag is expired.
@averageotaku1993
@averageotaku1993 7 ай бұрын
The OJ got me 😂
@HorusDeathtouch
@HorusDeathtouch Жыл бұрын
The most important thing to remember here is that a judge does not care one bot about the law or your rights when it comes to a traffic ticket. They can and will do whatever they want.
@therakshasan8547
@therakshasan8547 Жыл бұрын
I use my vehicle mostly a a stationary storage unit. One day I had not gotten my registration updated to my new address . A police officer came onto the property and issued me a ticket for not having updating my new state registration in a timely fashion . He told the prosecutor he saw me driving the vehicle . The hyper aggressive [tinny lady ] Prosecutor climbed onto the table in the court room [side room] to get into my face with a slew of threats and charges . I handed her the new Registration , and insurance info. I also told her that the officer came onto private property about a vehicle that was not being driven . Things got quiet quickly and she dropped all charges .
@domingodeanda233
@domingodeanda233 Жыл бұрын
Gracias Mr. Chingon
@danstevenson6228
@danstevenson6228 Жыл бұрын
Andrew is so entertaining and informational.
@PoldaranOfDalaran
@PoldaranOfDalaran Жыл бұрын
Okay, so you run from the police, make it in your front door, they can still come for you. But what if, upon entering your front door, you declare "Base!"? :P
@eugenetswong
@eugenetswong Жыл бұрын
Thank you for confirming early in the video that the "nah-uh" defense is available in many states for police-civilian interactions.
@doom4067
@doom4067 Жыл бұрын
In the expired registration scenario, it seems like a moot point whether or not it was on private property, since they could just mail you a citation.
@pyrotech7210
@pyrotech7210 Жыл бұрын
If your registration is expired at the mall, it's expired on the street.
@jeremyortiz2927
@jeremyortiz2927 Жыл бұрын
Hypothetical about business & 4A: If the facility was by appointment only and closed to the public normally, could police still enter and search employees without a warrant?
@suntanironman
@suntanironman Жыл бұрын
If Andrew was to answer, I’m reasonably sure he would begin with these two words: “It depends.”
@Pablo_Hay
@Pablo_Hay Жыл бұрын
@@suntanironman 😂
@T4nkcommander
@T4nkcommander Жыл бұрын
If the business is a incorporated under the patent corporation known as the U.S., then yes. They have jurisdiction. That's why you should operate as a PMA or Unincorporated Business Trust.
@suedenim9208
@suedenim9208 Жыл бұрын
I think Andrew really confused the reality with whatever unclear point he intended to make. If an appointment is required just to enter a building (rather than to see a specific person in the building) that's otherwise open to the public perhaps the cops couldn't enter without a warrant. Either way, they can't search an employee or customer simply because they're on property owned by somebody else. His hypothetical people in a grocery store may not have an expectation of privacy over the not-yet-purchased merchandise in the cart, but they very definitely have an expectation of privacy over the stuff in their clothing or packages/containers. Other than pointing out that thinking you have an expectation of privacy doesn't always means you do, he also did a poor job of describing the relevant legalities of the website search by not mentioning that it was a consensual search. Waddell allowed access by other people, including a web designer and the web designer gave cops permission to use her login to access the site/server. It's basically the same as a roommate allowing cops to search shared parts of living space that they have access to and control over.
@yaburu
@yaburu Жыл бұрын
Interesting tidbit regarding the Chain Chomps: If you let them yank on their chain 50 times, they actually can break free.
@iamamish
@iamamish Жыл бұрын
Great video - I know time is always a constraint in these videos, but I was hoping you'd address the case I always wondered about, which is the extent of the power of the police on private property, for events that actually occurred on private property. In the case of CM, the violation is assumed to have taken place on public property, and then the police pursued her onto private property. What if instead the police had observed her improperly registered vehicle only on private property? I'm assuming the answer here depends a lot on the violation. A vehicle only has to be registered for public roads, so on private property there is no violation. A kidnapping however is still a kidnapping, so the police *could* engage. The edge case in my mind would be rolling a stop sign at a mall - is that a moving violation, or just a violation of the rules set by the mall?
@doom4067
@doom4067 Жыл бұрын
Depends on the state. In Georgia you effectively can't have an unregistered vehicle in public view. I used to live near a vacant lot, and the owner got a big orange sign explaining that and other violations from the county.
@bigshooter5912
@bigshooter5912 Жыл бұрын
Was coming home late one night after doing a bar gig out of town. Didn’t have one drink at all. I was about 1 1/2 blocks from my house and I noticed a squad car parked about 40 feet before a stop sign. I stopped at the sign, drove off and gave my truck a little more gas just to get to my driveway. I knew my tabs were expired and did my best to open my garage door and start heading inside. The cop literally pulled up to my driveway and just watched me head inside as I was looking at him. Whether or not he noticed my expired tabs I’ll never no.
@charlenevarada--Stargazer
@charlenevarada--Stargazer Жыл бұрын
Perhaps not, but how would you like it if the cops were following you everywhere you went because they believed you robbed a convenience store late at night even though you were NEVER there! These same cops even came to my door that one time & badly scared me too!!!😮
@gregorykiernan7849
@gregorykiernan7849 Жыл бұрын
I had a friend who's car matched the car of a (fatal) freeway shooter. Not only did yhe cops show to her house, but a week later the F.B.I.
@coracox9023
@coracox9023 Жыл бұрын
Is it just me or does the profile picture on this channel make him look like he has crazy blond hair until you look and see its just the lighting
@mattkeller2466
@mattkeller2466 Жыл бұрын
Gotta love ol slingblade here and his sage legal advice. ain't got no as in it... emmmm.
@volkswagenginetta
@volkswagenginetta 4 ай бұрын
I think why people think they cant ticket you on private property is there thinking that what they are doing is not an infraction on private property (say like not wearing a seatbelt) if a cop says they saw you on publicroad without a seatbelt then it doesnt matter if you are still not actively failing to wear a seatbelt on public roads he saw you commit the crime. However if you are on private property and you never left the private property (say like your driveway), then a seatbelt ticket would be invalid. it gets dicey with commerical property that allows themselves to be governed by local traffic laws.
@losttownstreet3409
@losttownstreet3409 Жыл бұрын
There is a concept of public traffic in private property: the traffic signs are official government signs. But there are many private properties which don't bother with the proper procedure and simply put their own signs up. The government and private property owners buy the signs at the same business and you can't see which is official and which not. Sometimes private property owners have their own traffic police (with speed guns and the whole deal).
@senseofstile
@senseofstile Жыл бұрын
The police can lie whenever they want. This has been upheld by the courts. Number two, you ask if you are under arrest or detained. If the police say yes, how do you know they aren't lying? If you ask them if they have probable cause and they say yes, how do you know they are not lying? Asking if you are "free to leave". If they refuse to answer, what do you do? I have seen videos when someone asks if they are free to leave and the police will not answer this question. Also if the police say no, how do you know if they are lying?
@ralphm6901
@ralphm6901 Жыл бұрын
"Am I being detained?" "No" "Then I'm free to leave. Goodbye!" OK, so that would probably result in an "evading police" charge, so I wouldn't do it. My brother-in-law did pretty much that. He was driving a big flatbed and a police car came up behind with its lights flashing. He pulled over to let them pass, but they pulled in behind him. As the officer got out of his car, my brother-in-law drove off. When they caught up with him again, he explained that he thought they just wanted to pass. When it became apparent that they didn't, he moved on.
@mattbrown5511
@mattbrown5511 Жыл бұрын
You only have the rights you are willing to defend with the same level of violence the police are willing to use to take those rights away from you.
@K162KingPin
@K162KingPin Жыл бұрын
I asked the dentist if I have to floss all of my teeth every day, he said "only the ones you want to keep". Same could apply to rights.
@Unpainted_Huffhines
@Unpainted_Huffhines Жыл бұрын
This is similar to a questionI've always had. Are the stop signs in a supermarket parking lot legally binding? The parkinglot is not a public thoroughfare, do traffic rules apply? If I roll a stop sign in a parking lot, could a cop ticket me?
@neilbaird2789
@neilbaird2789 Жыл бұрын
This sort of mentality certainly explains all those people on Live PD who think all they have to do is tag up at home and they cant be arrested for that DUI or other ticket they would have gotten. The cop stopping you will always know your rights better than you do unless you are in fact a lawyer and its never a good idea to brag that you are one to them if you are one.
@arinerm1331
@arinerm1331 Жыл бұрын
The other side of this coin was the case of a man who was intoxicated and was driving his car well over 100 MPH on a dirt road inside the fence on the edge of his property. The road ran parallel to a service road that was parallel to an Interstate highway. The police apprehended the man, planning to arrest him for reckless driving and DUI, but at some point they realized that he'd not driven onto anything that could be defined as a public road.
@eugenetswong
@eugenetswong Жыл бұрын
That's an interesting case. If the law gave me complete power to decide on the outcome, I would focus on whether or not he could have accidentally driven on a public road. The idea is that he could endanger the public by driving through a fence for example to the road, for example. It is the possibility that is relevant. If he were completely surrounded by a large dense forest, then his freedom is the priority. The same should be said about driving without a license. I haven't watched the video yet.
@arinerm1331
@arinerm1331 Жыл бұрын
@@eugenetswong In the U.S. a person should **never** be arrested for what he **could** do. If that were possible, where is the line? "That lady has teeth; she could possibly bite someone." The important factor in the case I described is that the drunk driver never left privately-owned, non-public property.
@eugenetswong
@eugenetswong Жыл бұрын
@@arinerm1331 On public property, he might not have killed or damaged, and yet his swerving would be illegal. Those lines are there because of potential damage [i.e.: wht he could do]. The only justifications for drunk driving laws are the damage that could be done. The line on private property should be the forest. The lines on the road should be the lines.
@arinerm1331
@arinerm1331 Жыл бұрын
@@eugenetswong No, you're still wrong. There are explicit laws against operating a motor vehicle on public roads while intoxicated. There are laws against exceeding posted limits on speed. There are many more such laws that, when violated, result in citations and/or arrest, even when no one is harmed. There is **NO** law regarding operating a motor vehicle on non-public property.
@suedenim9208
@suedenim9208 Жыл бұрын
@@eugenetswong You know that to violate the law you need to violate the law and not just have a potential to violate the law, right? That said, state law often makes it violation to have control of a car while drunk regardless of where the car happens to be. Often "control" simply means having the keys readily accessible while you're in the car.
@robkilgore7481
@robkilgore7481 Жыл бұрын
END qualified immunity.
@TheTransporter007
@TheTransporter007 Жыл бұрын
Nice Subaru.
@polachelliot91
@polachelliot91 Жыл бұрын
How does one go about barring the police from coming to their privately owned business property?
@zangin
@zangin Жыл бұрын
I got an expired tag ticket while idling in an apartment complex of a friend. I was a guest of the person who lived in the complex. The officer did not observe me driving on the roadway, as I had been sitting there in the parking lot (not in a parking space) for at least 4 minutes. This was 40 years ago. I just paid the ticket, but I did argue with the cop that I was on private property. He said it didn’t matter. Back then, it was a $35 fine. Anyhow, what are your thoughts on this?
@09FLTRMM77
@09FLTRMM77 Жыл бұрын
MM77 Approved 👍🏼👍🏼
@animesavedmylife3648
@animesavedmylife3648 Жыл бұрын
What about expired registration, that doesn't leave your property?
@fuzzresponder2225
@fuzzresponder2225 Жыл бұрын
What about for traffic violation within a gated community with private roads that are maintain by their HOA and without an enforcement agreement with it respective city police department, county or state?
@krisallen3120
@krisallen3120 Жыл бұрын
How do you officially ban the police from entering your private property or its curtilage? Do you just file a public notice with the clerk's office so it's officially on public record or is there another way to go to court and get a judgment or any other way to prevent the police from coming to your property without calling them
@Zirbip
@Zirbip Жыл бұрын
I expect to see more Super Mario Bros references in future videos
@lawrenceh.7011
@lawrenceh.7011 Жыл бұрын
Okay, but what if the popo observes someone running a parking lot stop sign in the mall parking lot? The incident occurred on private property and did not originate on public property.
@vincentshelpfulhints4085
@vincentshelpfulhints4085 7 ай бұрын
Ally Ally Oxen Free, you make it home you are safe.. LOL
@eprofessio
@eprofessio Жыл бұрын
If our forefathers saw how we treated each other over transportation they would throw up in their mouths.
@franciscomedrano6644
@franciscomedrano6644 Жыл бұрын
I have a question but on a different subject. We live in California, and we own a truck that is only registered in my name. Recently, I received a "courtesy" notice in the mail. It's appears to be a citation issued to me for running a red light, except in the photo, it is my wife who is driving the truck, not me. When I go to court, do I have to tell the judge that it is my wife driving? Can I simply say that I am not the person in the photo? Thank you for any advice that you can offer, I understand that you are busy.
@stevecooper2873
@stevecooper2873 5 ай бұрын
Aren't there laws that specifically do not require spouses to incriminate each other ?
@davidlanham99
@davidlanham99 Жыл бұрын
Thanks for your info. Do I have to tell police if I have money in my car? A weapon in my car? A knife in my car? Or my pocket? Money in my house? Weapons in my house? If I stand there at my door and say "I have nothing to say" and they ask do you have any weapons, can I remain silent? When stopped, do I have to respond if they ask about a weapon, cash, or drinking? I know they like to say, "Would you mind if I look inside your vehicle?", which is a hypothetical whereby they're not even asking if I mind, they're asking if I WOULD mind. I would like to just hand my license, registration, and insurance and say "I have nothing to say, I consent to nothing" and be done. I do not want to tell them I have money or a knife or gun in my vehicle or deny drinking, which I don't really do. Thanks. (btw, I think everyone knows these cops will absolutely ROB you if you tell them you have a lot of money in your car.) Also, if they say "Would you mind getting out of the vehicle", is that an order or a hypothetical question? When does something become a police "order" and not just a friendly question that they will say I agreed to??
@johnpancharian480
@johnpancharian480 Жыл бұрын
Repeating a question from another thread... If a vampire policeman had a warrant, could he enter you home?
@christophermiller8735
@christophermiller8735 Жыл бұрын
I think you missed the subject of things like running private road controls, and officer actually has to see you do things on public road before crossing boundaries
@RicardoSantos-oz3uj
@RicardoSantos-oz3uj Жыл бұрын
If you rent instead of own. Does the 4th amendment still applies?
@Daniel-ed4wv
@Daniel-ed4wv Жыл бұрын
3:40 sure they can ... happens all the time ... even when they have the wrong address
@spvz29bb
@spvz29bb Жыл бұрын
Andrew, where are you? Vacation? Ill (hope not)? Come back soon.
@fullenw
@fullenw Жыл бұрын
Thumbs up for the WoW reference
@SypherSeven
@SypherSeven 6 ай бұрын
The Laws of יהוה > Common Law> statutory "law" (canon law could be mentioned, but nothing is greater than or equal to יהוה and His instructions of life.) Those who live Lawfully are "immune." We point others who want it to the door to become as well. Once one is aware of Legalese it's easily beaten. Due to their not having jurisdiction, they end up paying for our company if they refuse to leave. Can literally pay to know who you are and standing against lawlessness.
@larrypowers2515
@larrypowers2515 Жыл бұрын
I was talking to a police officer in uniform who was moonlighting as a security guard in front of a Walmart. He cautioned some people who were driving too fast in front of the store's entrance, and I asked him, "Why can't he give them a ticket?" He said that he was not allowed to because it was private property and Walmart forbid it. So explain that one? (This was in Texas)
@ralphm6901
@ralphm6901 Жыл бұрын
Was he wearing his regular police uniform, or some other uniform provided by Walmart? It sounds like Walmart has specific rules for their security, so if he's dressed like one of them, he may not have the authority to issue tickets. I'm not an attorney, so that's just my thought on the matter.
@larrypowers2515
@larrypowers2515 Жыл бұрын
@@ralphm6901 his regular police uniform.
@ralphm6901
@ralphm6901 Жыл бұрын
@@larrypowers2515 wow! I guess the regular police uniform would put some weight behind any warnings he gave, even if he couldn't issue tickets. Walmart private property, they make up their own rules.
@stevesalles6047
@stevesalles6047 Жыл бұрын
itts obbvious the police came up and took a look at the tags and used them as a target of oppertunity
@TheFalconJetDriver
@TheFalconJetDriver Жыл бұрын
Good ole Al Cowlings and OJ! Funny! I will bring this up here Texas where you are from🤪 and this is different from what your example was and I gree with your analysis of the situation presented 100 percent. Back to my comment here Texas unless Police have express written permission of the owner of the property as in a shopping center. And a so called Offense occurs on the Private property the police have no jurisdiction. Example several years ago a guy backed into my truck that I had for two days in a parking lot of a store. I called the police to file a report for my insurance company. The police refused to write a citation to the offender even thou he moved to Texas 6 months prior. And did. Register his vehicle.
@marcelgaddis9319
@marcelgaddis9319 Жыл бұрын
its a well documented fact that fat out of shape cops can chase you for ten feet. then they need a donut break
@wholeNwon
@wholeNwon Жыл бұрын
You don't want to be the guy running from the obese cop when he has a heart attack and dies!!!!!
@philliprollman7421
@philliprollman7421 Жыл бұрын
Hi Andrew I'm just wondering if apartments have the same 4th amendment as a single home because police were looking for my sister in law and told my wife as in a phone call that they were going to come to our apartment and search but she told them she isn't there she haven't seen or talked to her in weeks so just wondering Incase they show up thanks.
@suedenim9208
@suedenim9208 Жыл бұрын
An apartment is exactly like any other private property, and without a warrant the cops need consent from somebody with the lawful authority to give them the consent. That said, they have some power to enter property without a warrant when trying to locate somebody, but it requires more than just a belief that the person might be there.
@philliprollman7421
@philliprollman7421 Жыл бұрын
@@suedenim9208 ok thanks
@georgepeters4111
@georgepeters4111 Жыл бұрын
What if you rent your home and not own it??
@nintendonerdsvideos4727
@nintendonerdsvideos4727 Жыл бұрын
but if you stand there long enough, the chain chomp will get you. 3:30
@denverbilalian
@denverbilalian Жыл бұрын
Thanks!
@elmerkilred159
@elmerkilred159 Жыл бұрын
What about an officer wanting to write a citation for speeding, or exhibition of speed on private land, fenced/gated land?
@HookMann88
@HookMann88 Жыл бұрын
If I give a name and address, do I have to spell it for them?
@leechandler3411
@leechandler3411 Жыл бұрын
In Chelan county the pigs came into a house when there was a wake of someone they didn't know a started asking questions. That is like Nazi Germany.
@glee21012
@glee21012 Жыл бұрын
Maybe the orchard should send the cops a letter that trespasses them. Don't allow them on your land.
@mikedubovs1574
@mikedubovs1574 Жыл бұрын
If Leo sees an an infraction on a street and you go to private then nope
@eggmanfryer
@eggmanfryer Жыл бұрын
Can a cop pull you over /give you a ticket for no seat belt if you got into your car after leaving a store and failed to put on your seat belt before you started driving, but you did not yet leave the parking lot. Let's say you were driving across the parking lot to another store in the same parking lot. Or say you were valet parking cars in a restaurant parking lot and did not use seat belts to park/ retrieve cars. Could a cop give you a ticket for that?
@markanderson2904
@markanderson2904 Жыл бұрын
It depends. If you're in the parking lot the entire time, probably not. If the valet is on a public street, then yes if "no seat belt" is allowed to be a primary infraction. Some jurisdictions prohibit stopping a driver for not wearing a seat belt.
@rockets4kids
@rockets4kids Жыл бұрын
They can chase you all the way from Texarkana to Atlanta.
@suedenim9208
@suedenim9208 Жыл бұрын
Yeah, but they have to recognize and identify you.
@rockets4kids
@rockets4kids Жыл бұрын
@@suedenim9208 10-4 good buddy!
@TheKingOfInappropriateComments
@TheKingOfInappropriateComments Жыл бұрын
When it comes to expired tags there are a few other scenarios. If you live in an HOA, you may have a rule requiring all vehicles to be registered. An association that I used to live in had towed away a number of vehicles out of peoples' driveways without them even knowing about. One of the owners had their vehicle impounded while they were out of town for an extended period of time and the vehicle ended up getting auctioned off. Another scenario is that county also had code enforcement writing NOVs for people with expired tags as a code violation. They'd just walk up the curtilage and tape the notice to the door. It wasn't a moving violation but it was a violation against the property owner and that brings me to scenario 3, apartment complexes. Completely on private property, they can and do tow away cars for having expired tags because the apartment company is held liable for having them the unregistered vehicles on the property. There's a KZbinr (TowTrucker)who drives a tow truck and that's all he does pretty much. Apartment impounds. Not traffic citations but rather municipal development codes.
@doom4067
@doom4067 Жыл бұрын
I don't really understand the person's argument concerning an expired registration citation. They could just mail it, or stick it on the windshield.
@TheKingOfInappropriateComments
@TheKingOfInappropriateComments Жыл бұрын
@@doom4067 what specific law is being broken? A mirror vehicle code? A local development ordinance? An HOA rule? Depending on what it is that might be an option.
@sjh60633
@sjh60633 Жыл бұрын
Can police park in a business' or church parking lot and then monitor traffic violations from that point? Reason I ask is that there is a church close by where a cop parks there and tries to catch speeders on the public road. Could the church tell him he can't park there?
@twn5858
@twn5858 Жыл бұрын
Of course they can. I doubt they would though. The majority of church goers are boot lickers just like the general public.
@inglesd90
@inglesd90 Жыл бұрын
Yes, they could have him leave. Even if he refused though, that would not invalidate any citation a driver received.
@sbcinema
@sbcinema Жыл бұрын
What if a police officer injures himself entering a property, steps on a rake or a guard dog bites him in the crotch?
@guillermoelnino
@guillermoelnino Жыл бұрын
He sh oots the dog and arrests y ou for breathing.
@sbcinema
@sbcinema Жыл бұрын
@@guillermoelnino 🤣
@jpwhre
@jpwhre 11 ай бұрын
That didn't answer the question. That answered "if they followed you" onto private property. Not if they approached you on private property.
@crazysquirrel9425
@crazysquirrel9425 Жыл бұрын
Learn how to get diplomatic immunity and to get on the no stop no detain list. James C Lovett's channel has the particulars. Remember this: No victim, no crime. UCC 1-308 helps too.
@matthewstoner765
@matthewstoner765 Жыл бұрын
Can a cop take your off plate your car ? I have a friend who has two car her son was driving one and got stopped he didn't have a valid driver's license three days later than same cop seen him getting into the mom's ather car witch was setting at her work place all day the officer took the valid plate off her car can he do that. We are in Michigan
@markanderson2904
@markanderson2904 Жыл бұрын
I'm not a lawyer, but I don't think so. He may be allowed to impound the car, but I don't think he can vandelize the car.
@guillermoelnino
@guillermoelnino Жыл бұрын
Its not a matter of them being allowed to do it. Its thwt y ou're not going to do anything about it when they do.
@GumpiestOldMan
@GumpiestOldMan Жыл бұрын
What about a best tip of ... Don't commit a crime. I think it'd decrease the times police want to talk to you.
@itchykami
@itchykami Жыл бұрын
if you drive away from the police to get home with the thought you are safe if you get to your home, that sounds suspiciously like evading to me.
@doom4067
@doom4067 Жыл бұрын
Only if they're lights are flashing, and sirens blowing, depending on the state.
@ronniefranks4351
@ronniefranks4351 Жыл бұрын
Can a policeman utilize radar while they are parked on private property and the driver is driving on a public road?
@ralphm6901
@ralphm6901 Жыл бұрын
If the driver is speeding on a public road, it shouldn't matter where the radar was stationed, it's still an offence.
@User-cc6cq
@User-cc6cq Жыл бұрын
BTW...who had the longest drive during the 1994 US Open?
@zt5547
@zt5547 Жыл бұрын
What if cop didn't see expired registration on a public road? What if he was driving on a parking lot and saw it then? Does that change anything?
@wandrinyew
@wandrinyew Жыл бұрын
What's the speed limit on a private road?
@Andrewflusche
@Andrewflusche Жыл бұрын
It would depend upon the state's law. Some states probably only penalize registration offenses on public roads.
@raymondbrown867
@raymondbrown867 Жыл бұрын
The police agencies are corporations.contract can be terminated at will.
@mikeprimm4077
@mikeprimm4077 6 ай бұрын
No because you drove on a public road to get there
@K162KingPin
@K162KingPin Жыл бұрын
Another common scenario involving private but open to the public property. A person doesn't "FULLY" stop at a stop sign and instead slowly roles past while there are not other vehicles at that intersection or pedestrians nearby. So not even a potential for victims. This happens in a mall parking lot or even large grocery store lot. An officer sees this, pulls you over, and writes you a ticket for running a stop sign? I have never had this happen to me but I have been threatened with it by a security guard. He claimed that he had it on video and could call the police who would come and write me a ticket. During this conversation he was also blocking me with a Segway or some such thing to try and prevent me leaving. I simply told him that I understand that this is private property which openly offers public access for purposes of business. That he had no more authority over me than any other citizen. That his recording didn't matter even if he had it because traffic laws do not apply on private property, and that even if he called an officer and the officer watched me do it again, that there would be nothing he could do about it but advise the security guard to ask me to leave the property. Then I told him that I also understood that he did not have the right to demand my ID, that I didn't own the vehicle I was driving and so running plates would not get them my name, and that by parking in a way that prevented me leaving was an illegal detention. He tried to splurt out some nonsense about his authority on the property. I cut him off and said It doesn't matter what authority the property owner gives you. They do not have the right to illegally restrain me or override my constitutional rights, therefore they can not under any circumstances grant that power to you. You can tell me to leave, under their authority, but that would just make you look stupid since you are preventing me and that is the only reason I am not already gone. You can not trespass me from the property because you have not IDed me and you need a name to put on the trespass. Furthermore you can not trespass me unless I have been asked to leave the property and refused. The sad reality for you is that you are currently illegally detaining me and there is nothing you can do except get out of my way so that I can leave as I was already attempting to do. He said No I think we will just wait here until the police arrive. I said, if you want to wait that is fine with me. I don't care what you do. I on the other hand have no intention of allowing you to illegally restrain me or my vehicle from leaving so in 30 second I am going to start moving very slowly out of this parking spot. If you or your (i chucked a little) vehicle are in the way it is by your choice and you will suffer the consequences of a citizens right to use reasonable for to escape and illegal restraint. Then you can cry to the police when they get here that you or your property were damage while you were in the commission of several crimes. Somehow I don't think you will like what happens next. He tried to say more but I just started loudly counting down 30, 29, 28, by 25 he went back and got onto his Segway, he didn't move until I reached zero and started moving forward at about 0.5 mph. He yelled at me several times to not hit him, not hit is vehicle, not to try and leave until the police arrived, etc. I just started moving and to no ones surprise he got out of the way and I left. While I obviously won this encounter I would love to hear from some legal experts if I was right in my understanding of applicable law, and if I was right in my use of force to leave an illegal detention. Somehow I doubt that even had I hit him with my vehicle and caused him great injury that any jury would consider it anything but his own fault as he could have easily moved to avoid it.
@K162KingPin
@K162KingPin Жыл бұрын
@@Ayn-Rand-Is-Dead Interesting, i wonder if this is true of all jurisdictions.
@rockyhighwayroad7365
@rockyhighwayroad7365 Жыл бұрын
I think that cop and the guy he pulled over maybe related?
@Ralyx0
@Ralyx0 Жыл бұрын
Question: do cops even need to interact with someone to ticket them?
@markanderson2904
@markanderson2904 Жыл бұрын
Yes. Because they issue the citation to the person, not the car, they must identify the person. They must interact with that person to do so. And, they must give the written citation to the person.
@ralphm6901
@ralphm6901 Жыл бұрын
@@markanderson2904 except where it's a traffic cop issuing a ticket for parking illegally?? The driver is getting the ticket while not even being present, let alone identified.
@markanderson2904
@markanderson2904 Жыл бұрын
@@ralphm6901 That's right.
@mickywinters8451
@mickywinters8451 Жыл бұрын
This dudes king :D
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