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Private property enforcement

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Old 11-07-2005, 09:50 AM
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Default Private property enforcement

This info may help you guys understand private property enforcement. If a CRIMINAL (one you can go to jail for) traffic violation occurs on private property, such as the guys drifting in a parking lot, which is classified as wreckless driving, then law enforcement officers may enforce this law and jail or ticket or both any person violating it. Hope this clears up some confusion. Also I am having a legal opinion researched on exhaust for you guys. I should have it in the next few days. Any legal questions I can help with, I certainly will. Also, keep in mind the new definitions of street racing by statute. They are very broad. The state statute is 316.191. You can access this at the state web site. Officer Randy Davis, Tampa Police
Old 11-07-2005, 10:14 AM
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now what about not stopping at a stop sign on private property... i.e a shopping plaza.

i heard cops cant do shit about it. i tried it one time right in front of a cop and he didnt do nothing. is that true?
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Old 11-07-2005, 10:31 AM
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Originally Posted by defekt
now what about not stopping at a stop sign on private property... i.e a shopping plaza.

i heard cops cant do shit about it. i tried it one time right in front of a cop and he didnt do nothing. is that true?

As the officer stated, the offense has to be CRIMINAL. Also, keep in mind a police officer has a good amount of latitude if he/she chooses to give someone a hard time. Just having a loud exhaust is not a criminal offense, but disturbing the peace is.

This isn't to say a good lawyer could have the charges dropped, but the officer knows it is a tremendous inconvenience for everyone involved and most people will leave the scene...etc...after getting pulled over to avoid a potential hassle.

Correct me if i'm wrong, but this is my interpretation of things.
Old 11-07-2005, 10:35 AM
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I agree with John about the Exhaust laws. Could you provide more info on this topic? Thank you.
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Old 11-07-2005, 10:35 AM
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Randy, on the issue of loud exhaust. I know this is usually enforced by an officer if they feel like the person with the loud exhaust is causing a legitimate disturbance...or is contributing to a bigger problem (like street racing etc). Now my question regards motorcycles (harley's...etc) which have exhaust systems that are as loud or even louder. I've never seen or heard of anyone on a bike getting a ticket for loud exhaust (i'm sure its happened) but it seems like the police selectively enforce this statute in order to break up groups of cars at different street racing locations.

What is your opinion/response to this?

Thanks.

I hope you keep posting on this forum...and as someone once said...its easier to break the law (and get away with it) when you know the law to begin with.
Old 11-07-2005, 12:20 PM
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I will try to answer all the questions...first and foremost..I am trying to help you guys stay out of trouble with the police, not give you ways to avoid following the law. Keep in mind, the person that said officers have a lot of discretion is absolutly correct. A person's attitude is very important. As far as exhaust...I am waiting on a legal opinion as we speak. I will post this opinion as soon as I get it. The exhaust is a big issue and I understand. As far as enforcing infractions on private property, the answer is no. Unless it turns into a CRIMINAL offense. But signs are put up for a reason. You do not want someone running into your car in a parking lot. They are there for your protection. I will be as honest as possible with you guys, but the bottom line is, you are not going to get tickets if you drive properly. Hope this helps for now and I will be on here from time to time, unfortunately I have 3 full time jobs at the PD and I am very busy with all 3, so my office and computer time is very limited. Thanks for the questions. Officer Randy Davis
Old 11-07-2005, 12:31 PM
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Thanks for clearing things up.
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Old 11-07-2005, 12:35 PM
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Thanks for the info Randy.
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