Is it illegal for speed traps from private property

Elitecasting · #1 (**permalink**) 2008-09-03

I live in Pa outside Reading. the other morning at about 8:30 am (Sat) I was on a 2 lane divided highway. After making a right hand turn onto the highway i traveled no more than 1/8th to 1/4 mile and was just starting to pass 3 cars. As I reached the bottom of the hill I was still behind the first 2 cars as they all braked.
You guessed it, an officer hiding behind some shrubs. He said I was doing 68 in 45. Ahh hard to believe since I am driving a 2003 delivery van with 140,000 miles and the target range was 1/8 of a mile from my turn onto the highway. Van can't do 0-68 in a 1/8th mile.
These items stand out and I ned help.

1) every property is private on that stretch. and he was sitting on private property when he (says)he tracked me. I was told that police cannot do surveilence from private property, even traffic speed zones (state law?) and also because if the officer does something illegal, the property owner can be included in lawsuits. Would having signed affidavites from property owners help?

2) He wrote the system use on the ticket as "Tracker". what exactly is that. remember i was in a flow of traffic with at least 3 other cars.

3) he totally messed up who owns the van under owner section. (totally different company written in) lol kinda hard to understand when our company name and logo is the WHOLE side of the van front to back. can he possibly have seen what was accurate when he couldn't even get the name right?

Any help is appreciated as I will be having a hearing end of Sept. After reading other posts, where would I request a road survey(municipality?) and what is the time period it should cover. (ex: once/2 months, once /month, once/3 months?

Thanks again for all your help in advance. I live in Pa.

Craig · #2 (**permalink**) 2008-09-03

In most states there’s no requirement that an officer must be on public property while checking speeds. But it’d still be worth checking PA law.

Vehicle ownership isn’t crucial, so long as he correctly identified the driver who was cited. So you’re unlikely to get a free pass on those issues.

Your speed was clocked using a Kustom Signals Tracker, a time/distance computer. I've been using the Tracker since its introduction in 1995. It’s more difficult to use than radar or laser but excels in picking out one vehicle from a pack, as it did in your case.

If you’re contemplating mounting a court challenge, I’d suggest reading the chapter in my book on time/distance computers, including the Tracker. It’ll tell you exactly what you’re up against.

Craig

Veil Guy · #3 (**permalink**) 2008-09-03

Elitecasting,

I too live in Pennsylvania and have experienced VASCAR/TDC all too frequently myself.

With respect to private property usage, it is very likely that the owner of the property has complained about "speed" in the area and has agreed to allow traffic patrol to operate on the premises, it's pretty common in this state, actually.

You can pretty much identify such locations when you see two painted strips adorning the roadway.

I suspect a challenge on that basis would be unsuccessful.

My recommendation, therefore, is to see if you can submit a plea to a lesser charge, most notably a PA-3111A. The statute reads: Failure to obey a traffic controlling device. (Which can be anything really).

The cost of the charge with court costs is about $107.50 to $117.50, but carries no points (and I believe it is not reported to Harrisburg).

If you can arrange that, I'd push back and call it a day.

Good luck.

Veil Guy

wredlich · #4 (**permalink**) 2008-09-04

The officer may be trespassing on the private property, but unless it's your property, you don't have "standing" to challenge that. In other words, that's not likely to be a winning defense in Pennsylvania Traffic Court.

Warren

steagall1000 · #5 (**permalink**) 2008-09-04

Elitecasting,

Which ever the case, you should fight your ticket!! You do have a chance that the officer will not even show up in traffic court. If that happens its automatically thrown out. You could plea NO-LOW. and get the fee dropped in half. Good luck my friend, I hope it all works out.

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