Is it legal for an officer in NC sit on private property and radar passing traffic without written permission from the land owner?
by 
offroadutility
ANSWERS: 11
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I believe the answer is yes. If it is a troubled street with speeders, he has to park so he cannot be seen. I dont know why a property owner would not be ok with this, its for his safety and everyone elses.
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Could the officer actually be on the right-of-way and not on the property? If so, then the property owner really can't complain. Now the property owner certainly could say - "Hey Officer Jones, I'd prefer if you didn't park here to run traffic." The cop will probably move (since it's not worth the complaint going to Professional Standards), although he/she may not want to if it's a good hidey hole.
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Honestly, how many good citizens would reject the officers police car in their driveway, in order to run radar to slow down speeding cars, say in a school zone? Chances are, the person that called the police, is the driveway the officers police car is sitting in. Never had this problem in 42 years of law enforcement.
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I don't know why the officer would need WRITTEN permission. It seems to me that the property owner should just be able to give verbal permission for the officer to be there. It may be that the owner of the property in question was tired of people speeding past his property and actually asked for the officer to come out and crack down on it. However, if the owner doe object to the officer being there, then it should only require him to tell the officer that he is not welcome to make the officer move on. Once the officer has been told to leave, then he is trespassing and has not right to be on the property unless he is performing a legally sanctioned search.
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2nd Answer. Its legal and not legal. some of the time, when running radar, its not always possible to position a police vehicle on public property. many factors come in to play, such as safety and the rights of private citizens. Sometimes, the officer will ask the owner for permission to park on his property, in order to safely run radar and a safe stopping place for the violators. i have never had to ask this question, most citizens understand the operation and comply. i have never blocked anyones driveway, mailbox or their 100% freedom to go anywhere. Is it legal? yes and no. The police guard the freedom of americans to be free in any endeavor. Blocking someone's driveway, without permission, does violate this freedom.
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Has the Supreme Court ever made an interpretation of the Fourth Amendment for this sort of activity?
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In 42 years of law enforcement, i have never had a private citizen or business complain, if i run radar on their property. Yes, its legal. Most people welcome the police there.
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I think the point here is someone is mad because they broke the law and got caught. Pay your speeding ticket and move on.
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No, it isn't legal. I lived in NC and formerly worked in law enforcement. The officer doesn't need written permission, as verbal permission would suffice. The point is, the officer does need permission of some kind from the land owner. Also, the officer must abide by the land owner's wishes if the permission is denied/retracted and the officer is asked to move. Most people would not protest an officer being on their property without permission, but they certainly do have a right to.
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The questioner did not say the officer was in the driveway, only that he was on private property. He could have been on a parking lot or in a field, not blocking a driveway at all. A police officer can go wherever he needs to in order to enforce the law. Most property owners would not object to a police officer working radar from their private property.
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Any person can contest any ticket at any time. You can go to the magistrates office and have your day in court (about 5-10 minutes) They are kind, courtious and helpful. You don't need anything except your sweet ol self. My trip taught me that most people just want to drop the points so the insurance rates stay the same. It also taught me that they know this too. 90 % of the people with speeding tickets were given the chance to change the ticket to impeading traffic or something like it. This ticket had the same fine as the speeding but carried no points. A win-win You, no points, them Fine revenue. Lighten up on the Perry Mason parked in the wrong place crap. They are just trying to make it safe for YOU.
Glenn Blaylock 
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