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Can police officers park in private residential driveways while watching for traffic violations.

Milwaukie, OR |
Filed under: Criminal defense

I was pulled over for failure to obey a traffic control device. I did a california type stop at a stop sign at 2am with no other vehicles arround. Clear view of the interesction. There was a black patrol car with all its lights off sitting in a private residential driveway. I saw him turn his lights on and pulled me over. I got the ticket for ORS 811.265 for $450.

Attorney Answers 3

Posted

The only reason the police officers would not be able to park in private residential driveways would be if the owners/occupants objected to the police officers' doing that. In other words, it would be a trespass issue. I can't see how it would affect the validity of the ticket for a "Hollywood stop."

Not legal advice as I don't hold Oregon licensure. If you need legal advice, please consult someone who does.

Good luck.

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Posted

I agree. The place from which the officer observed the violation does not impact the validity of the summons. Good luck.

DISCLAIMER I do not practice law in your State. This answer is provided solely for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.

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1 lawyer agrees

Posted

Yes. The summons is still valid no matter where the officer's observation point of view was.

I agree with my colleagues.

Check with an OR lawyer in your locale to discuss more of the details.

Good luck to you.

God bless.

NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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