Law Enforcement use of private property

[50-65 205]

Are there any guidelines, rules, or laws regarding police use of private property? Do they need permission from the property owner? What kind of liability does the property owner face if the police, with or without permission, use the property for enforcement actions?

Hopefully some of you LEO's can answer this for me.

[mfc2257 464]

Are there any guidelines, rules, or laws regarding police use of private property? Do they need permission from the property owner? What kind of liability does the property owner face if the police, with or without permission, use the property for enforcement actions?

Hopefully some of you LEO's can answer this for me.

Do you mean something like an RMP running radar from a driveway?

[ONEEYEDMIC 68]

A little more info would be helpful!

[helicopper 1,050]

A little more info would be helpful!

Agreed. This is a pretty broad topic.

[INIT915 1,119]

This was addressed in part in a 2006 NYS AG Opinion. The Opinion is deemed to be "Informal" as opposed to "Formal", as the requesting party was a County Attorney, and the Office will only deem an Opinion "Formal" when the requesting party is an Officer of the State. Had the request been made by OFPC, NYSP, OHS, etc., it would have been classified as "Formal".

http://www.ag.ny.gov/bureaus/appeals_opinions/opinions/2006/informal/2006-4.pdf

[50-65 205]

Yes, I guess it was kind of a broad question. Sorry about that. The running radar while sitting in someone's driveway does come to mind. What really made me think of this though is, as the state and municipalities struggle to raise revenue, several municipal departments have trained some officers in commercial vehicle safety inspection and enforcement. Recently, one of those departments conducted a selective enforcement action for commercial vehicles. They placed an officer in a 6 lane state highway who directed nearly every commercial vehicle into a shopping center parking lot which soon resembled a truck stop.

I was curious as to whether there were any rules/regulations, etc that allows them to use the shopping center (absent management permission) for this purpose.

Now, before you LEO's tear me apart, let me just say that, as a commercial vehicle driver, I understand that you guys have a job to do and most do it very well. I personally have had many encounters with "DOT", and most were more than fair.

[ONEEYEDMIC 68]

I actually am part of our Commercial Veh Unit! We go out at least once a month and conduct such details. We don't have 4 lane one way roads here, but we do shut down one lane of a two lane road and stop and talk to hopefully every COmm veh that comes through. We don't have scales as of yet, and we do work with Westchester County PD who do have scales. We have used a shopping center in the past and have had no problem. I guess if we can't have a weigh station, this is the next best option. Alot safer than the side of the road!

[helicopper 1,050]

Shopping center roads and parking lots are a gray area. While they are private property, they are also public highways in the VTL. In the past when I was a part of such details we had the permission of the property owner to use a large section of a shopping center parking lot for the detail.

It is generally a safety issue that drives us off the road and into a parking lot.

[50-65 205]

I agree, a parking lot is much safer than the side of the road. On the few occaissions when I have been stopped on the road, I look for a place to pull over that will be safe. I have even gone as far as signalling to the officer that I have seen him and to have him follow me to a location that would be safer than just pulling over where I am. I have never had an officer get upset with me for not immediately stopping under those circumstances.