Is this legal?
legalize-it
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Is this legal?

Unread post by legalize-it »

If you notice a speed trap and you really just don't like the police - is it against the law - like obstruction of justice - to point out to others that there is a speed trap up ahead?

Can you circle around and stop somewhere ahead of the trap and hold a sign saying cops ahead or something?

-Just curious.


Stanton
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Re: Is this legal?

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hwybear
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Re: Is this legal?

Unread post by hwybear »

I'd be more worried about the residents that live in those area....several would be ticked seeing that.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


llvllax
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Re: Is this legal?

Unread post by llvllax »

I heard flashing your lights is illegal, but nothing is unless you get caught......sign would be considered the same thing but ive never read a law related to this, but would be interested in it, since i do flash my lights after seeing ride or speed traps


Nick9drs
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Re: Is this legal?

Unread post by Nick9drs »

I recently received a speeding ticket from the Police that were conducting a speed trap on private property (cruiser was parked FULLY hidden in a private property owners' driveway and two police officers were doing radar checks while sitting on the hood of the cruiser). My question is...is it LEGAL (even with the property owners' permission), to conduct "speed traps" on private property?

I had several witnesses in my vehicle when i was pulled over and even took pictures and videos with my cell phone of them setup and targeting other cars for speeding.

If it IS illegal to preform "speed checks" from anywhere other than public property, can someone please direct me the the legally defined guidelines that the police MUST follow during this procedure so that i may use this as a defense in court?

Thanks :)


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Decatur
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Re: Is this legal?

Unread post by Decatur »

It's perfectly legal for police to perform "speed checks" from private property. In fact I often get invited to sit in driveways.
There are no provincial guidelines covering where, when or how these speed checks are set up. Individual police service policy may have guidelines covering this.


Stanton
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Re: Is this legal?

Unread post by Stanton »

The police would have to comply if the property owner asked them to leave, but it doesn’t negate whatever enforcement they’ve conducted. It won’t be a defence for your charge in Court.


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Re: Is this legal?

Unread post by tdottopcop »

legalize-it wrote:If you notice a speed trap and you really just don't like the police - is it against the law - like obstruction of justice - to point out to others that there is a speed trap up ahead?

Can you circle around and stop somewhere ahead of the trap and hold a sign saying cops ahead or something?

-Just curious.
I am not sure where your dislike for police stems from. They are simply a body of the government that enforce laws that voters and taxpayers choose to put into force. They don't make laws. Your government does. I suppose you don't like getting caught by people who enforce such laws but that's life. If you want LAWS changed, your anger shouldn't be directed to police officers.

With that in mind, perhaps instead of holding up a sign at the side of the road, your efforts would be better placed rallying for change with your local MP or government official, instead of annoying a single cop down the road who has been receiving non-stop community complains from citizens about speeding in the area. You realize police officers are people, and they consider their job as routine as you consider yours. But if you're suggesting holding up a sign at the side of the road informing people of speed traps, my guess is you don't have a job...? Just curious.
No, I am not the chief of Toronto Police.
No, I do not work for Toronto Police...
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ynotp
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Re: Is this legal?

Unread post by ynotp »

I have all the love in the world for the police officers, I just wish that their political masters wouldn't take a highly skilled, specially selected, well paid civil servant and make them go after very minor offences (rolling stops, 10 over etc.), especially when they could be directed to spending that time interacting with our youth, and making our communities more secure. I think road enforcement of serious infractions is a no brainer but I think politicians should use other means of enforcing the laws like red light cameras and the now defunct photo radar that had no insurance ramifications that people seem to more strongly object to than the fine itself.

Perhaps in the future when every insurance company will require real time driving data and adjust your rates accordingly without a trial we might fondly look back at the days where you could have a ticket dropped from 30 to 10 over.


CumminsDiesel
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Re: Is this legal?

Unread post by CumminsDiesel »

tdottopcop wrote:
legalize-it wrote:If you notice a speed trap and you really just don't like the police - is it against the law - like obstruction of justice - to point out to others that there is a speed trap up ahead?

Can you circle around and stop somewhere ahead of the trap and hold a sign saying cops ahead or something?

-Just curious.
I am not sure where your dislike for police stems from.

But if you're suggesting holding up a sign at the side of the road informing people of speed traps, my guess is you don't have a job...? Just curious.
To answer op's question, it is legal , but I would advise against it. Many people have done it in the past all across North America with varying results , mostly negative. Look it up on YouTube.

I would not want an over zealous rookie to feel that you are impeding his/her duty and start laying bogus criminal charges , would you ?


tdottopcop
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Re: Is this legal?

Unread post by tdottopcop »

ynotp wrote:I have all the love in the world for the police officers, I just wish that their political masters wouldn't take a highly skilled, specially selected, well paid civil servant and make them go after very minor offences (rolling stops, 10 over etc.), especially when they could be directed to spending that time interacting with our youth, and making our communities more secure.
Well said! And I agree! And I think most police officers would totally agree with you! although, interacting with youth is a little overrated and not the role of policing (in my opinion)....

...whenever I'm assigned to be the "enforcement" car for the night, I roll my eyes and count the minutes until shift is over. If I haven't written any tickets within my first hour on shift, guess who's boss is phoning him up wondering why he isn't writing any tickets.... it's brutal.
No, I am not the chief of Toronto Police.
No, I do not work for Toronto Police...
... it is just a name folks :)


gramada2
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Re: Is this legal?

Unread post by gramada2 »

42. (1) The duties of a police officer include,

(a) preserving the peace;

(b) preventing crimes and other offences and providing assistance and encouragement to other persons in their prevention;

"Speed traps " are illegal or at least police misconduct. The duty of the officer is to prevent the offenses . Someone above said he receives a lot of complaints from residents about speeders. And then the officer is hiding and performing "speed checks". The officer does not intend to prevent an offense -the officer is there only to register the offense and generate a revenue. The officer is aware that there will be speeders and about the potential danger associated and he is not doing anything to prevent accidents but instead waiting to see how the offense will happen and eventually accidents.
The "speed traps "do nothing to calm the traffic but create more angry drivers. On the opposite a Speed radar advisory sign is proven to calm the traffic down.
Signaling for a Radar ahead will do more for the safety of the community than the hiding officer with the radar.

So judge how the "speed traps" are helping the community.


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Decatur
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Re: Is this legal?

Unread post by Decatur »

I just love how you pick and choose what you want from a single section of the Police Services Act to further your own point. Speed checks are not illegal and are most certainly not misconduct.
Try posting the entire section next time.

42. (1) The duties of a police officer include,
(a) preserving the peace;
(b) preventing crimes and other offences and providing assistance and encouragement to other persons in their prevention;
(c) assisting victims of crime;
(d) apprehending criminals and other offenders and others who may lawfully be taken into custody;
(e) laying charges and participating in prosecutions;
(f) executing warrants that are to be executed by police officers and performing related duties;
(g) performing the lawful duties that the chief of police assigns;
(h) in the case of a municipal police force and in the case of an agreement under section 10 (agreement for provision of police services by O.P.P.), enforcing municipal by-laws;
(i) completing the prescribed training. R.S.O. 1990, c. P.15, s. 42 (1); 1997, c. 8, s. 28.


Tohrmentrix
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Re: Is this legal?

Unread post by Tohrmentrix »

He kinda got you there Gramada


Canadianguy
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Re: Is this legal?

Unread post by Canadianguy »

It was around Midnight when i was driving on a highway 80km when i saw an oncoming car. Thought nothing of it until he immediately slowed down and pulled over to the side of the road and turned all his lights off completely dark. I noticed it was a police cruiser. I kept driving and about a mile or so up the road i saw another oncoming car and flashed my lights. As i was driving passed i noticed it was a police cruiser (my luck) and saw him pull a u-turn and i continued to drive and make the next turn seeing if he was indeed following me. He did make the same turn and was about 1/4 mile behind me. I slowed down pulled over to the side of the road and stopped on the shoulder. He pulled up behind me and before getting out of his car put on his lights. Got out and


Officer: Do you have some kind of emergency?

Me: No you had your high beams on and i couldn't see

Officer: No i didn't

Me: Yes you did ithats why i flashed my lights quickly hoping you would turn them off

Officer: May i see your license and registration

Me: Sure here you go

5 minutes passed

Officer: Here are your papers, goodnight

Me: Night






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