can a cop pull you over in your own driveway? ok heres the story i passed a cop that had pulled someone over at 8:40pm my drive way is about a half mile away and is about 300feet long iam halfway down my drive and see a car pull in and then he puts on his lights asked the usual liscene and insurance at this point iam about 75 feet from my front porch and now he starts checking out my truck and my inspection is a week late and thats what he gets me for. on the ticket he has that i was pulled over on a road a 1/4 mile away not that he pulled me over in my drive way i just want to know if they can do this

 

City or Highway or Sheriff or Wildlife officer???

Wildlife Officer can go anywhere he or she pleases no matter what you say!
City Cop out in the country= no
Sheriff= Possibly
Highway=NO (Out of his jurisdiction!)
** They all can just say that you were running!
Did you tell him that you were on your Driveway and that he needed to get off of your property. I really do not see where he was within legal rights to follow you- - - - -expecially if you just go a Inspection ticket. He had no real reason to come after you in the first place, unless you swerved at him or something??

 

You betcha, they can pull you over in your driveway!

Granted you got a Chicken Ship ticket but there was something about your truck that drew his eye in the first place. What was it? (be honest)

You started this thread

Rick

 

It Was A State Police Officer I Told Him That We Were In My Drive You Could See My House On The Ticket He Has That I Was Pulled Over On A Road That Is 1/4 A Mile Away And How.i Asked Why He Pulled Me Over He Told Me Because Of My Inspection Its 8:30 At Night How Could He See . So Was He In The Wrong

 

Probally The Smoke Stack Thats The Only Thing I Shut The Box Off When I Was Coming Up On Him He Had Someone Else Pulled Over I Shut The Box Off So There Was No Smoke

 

Unfortunately (or fortunately depending on the situation) yes they can.
Read the citation carefully. If it says 'offense location' and that is the 1/4 mile away location then 'heres the unfortunate time' he got you.

Now, if the citation says where you were actually stopped....

Look close, it is the offense location and not the location where he physically wrote the ticket.

All of us know that he couldn't read an inspection sticker too far away so he still has to (ok is supposed to) have Probable Cause to stop you. that PC would typically need to the the expired inspection or speeding or another offense that doesn't have to be named to you unless you ask.

You have to look at the driveway thing like this, if he saw a burglar or suspicious person on your property you would want him to use your driveway. So with that desire we have given the ability for them to follow you into your living room if he felt your inspection sticker was that serious of an offense.

I mean it's a week old, not everyone is a criminal and thats where the line is blurred too often. There is such a thing as a warning, and even a friendly heads up. Ok I'm ranting.

 

you should try getting pulled over in your driveway for no boat trailer lights,and get a stinkin` d.u.i. on a .08 breathalizer.........now that was priceless!...........................

 

NEW2CTD I ASKED WHY HE PULLED ME OVER HE SAID HE SAW MY EXPIRED INSPECTION STICKE A FEW DAYS AGO WHICH IS B.S WHY DIDNT HE PULL ME OVER THEN

 

Yes he can pull you over in your driveway!!!...

As long as he observed the violation on the street. A cop is a cop is a cop.. Within the state there is no Jurisdiction.. A police officer is sworn as an officer in the state. If a Los Angeles County Sheriff sees a violation and another county or a city officer see something in another city he has full authority to stop, Detain, cite, arrest or warn as they feel fit.

As a general rule most officers see a violation, Run the plate to check a return and then call in the traffic stop.. Sometime this could take a mile or more between the violation and the actual stop.. If cited the location would not be the location of the traffic stop but the location that the violation was observed. In your case it could have been the stacks..


If you had not been on a city street then he would not have the right to stop you... You can do donuts and burn rubber on private property (with the exception of private parking lots open to the public and a few other exceptions) as long as you are not commiting a disturbance as described in a City, County or State code.

Gerry

 

Gerry He Was Outside His Car Talking To Someone Else That He Had Pulled Over WHEN I PASSED HIM

 

Go to court, drag anyone with you that saw where you were pulled over. EVERYTHING on that ticket HAS to be correct or it will not hold up.

 

That's pretty clear that he's got it in for you and nothing else to do.
Most every state in the union affords you a grace period. While its not written it is just common courtesy. But so many things are subjective.

I would run down and get it inspected tomorrow and the go to the courthouse and show your receipt and try to get it dismissed. Do not wait on this, any one of the clerks with compassion will take care of that for you.

Since he was a Trooper it should go to a JP if yall have that kinda system. Not everybody in the system will be a hard..head like him.

EDIT - be mindful though that if its a JP then this trooper knows him well. They probably have coffee or lunch a couple times a month. Believe me they have some kind of relationship if he send numerous tickets this court.

 

No One Saw It I Live On A Country Road You Cant See My Driveway From The Road Because Of The Trees

 

Well thing is you could probably take your appear in court date and show up and get out of it. Only thing is, those dates always seem to be at such a convinient time . Reason I'm saying that you could get out of it, is because I believe the law says that they have to be "in pursuit" of you when they follow you into your drive. To be "in pursuit" he would have to have his lights on, so if he didnt turn his lights on until he drove into your drive then he wasn't "in pursuit". Proving this would be hard, but if he didn't have his little camera on, then he can't prove anymore that he was chasing you, than you can prove he wasn't. And they are supposed to have that thing on, I believe always if the lights are on. The other thing is, I would just bet that if you show up and argue they aren't going to waste a lot of time and energy trying to fight you over a few dollar ticket, but then again you have to ask yourself if you are willing to take the time and energy?

 

He could have legally mailed it to you...He indicated that the violation took place 1/4 mile away from your residence( that's where he saw you operating on a public road) That said, I thought inspection stickers were issued monthly and since were at the end of March, how could your sticker be a week late ,just curious?