Question about speed enforcement

[Bert Gamble]

I am wondering about CHP and stationary radar usage.

I was driving north on I-5 last night and in one section there was a CHP about every 1.5 miles for 5-6 miles (4 total CHP that I saw) sitting dark in the median running radar in both directions. There was no way to see them until you were passing their location (as at least one person forun out).

I was under what must have been a misconception that speed enforcement was required to be visible, so as to be a deterrent to speeding, as well as issuing citations.

No, they didn't get me. I was driving the speed limit, and I usually know where the radar is.

I had not seen this before, so I wanted to ask about it.

Thanks

[Falconis]

My question is where does everyone come up with the misconception that enforcement has to be visible before you get stopped

I always get asked, "Where did you come from, I didn't see you!" Favorite times are when I was parked just down the block monitoring one of my many intersections while finishing a report while they blow through your typical red light or stop sign. The answer is, of course you didn't see me, you weren't paying attention to anything.

So no, they don't have to be as visible as everyone wants them to be.

[GrizzlyGuy]

My question is where does everyone come up with the misconception that enforcement has to be visible before you get stopped

My non-LEO guess is that people misinterpret 40802 VC and think that any time they didn't see the officer it was a "speed trap".

[cruising7388]

So no, they don't have to be as visible as everyone wants them to be.

Well, since everyone wants them visible and since everyone provides the resources for both the vehicles and the cost of manning them, perhaps they should be visible.

[Falconis]

and I'm sure everyone wants to get out of every little bit of trouble they get into including speeding. Hell, let's descend into out right anarchy and forget all consequences.

[axel4488]

They must be visible as in they cant hide from plain view.

Example 1: Im driving southbound, doing 15 over the limit. Cop is visible to northbound traffic only. LEGAL

Example 2: Driving southbound doing 15 over limit. Cop not visible to either southbound or northbound traffic. ILLEGAL

Yes I have taken this to court twice, and both times won. Cops sitting, that are not on break must be visible to at least 1 side of moving traffic in order to enforce traffic laws.

[SVT-40]

If you can see them there visible. Just because it's dark doesn't not mean they have to have any lights on.

Besides define "visible"......

[SVT-40]

They must be visible as in they cant hide from plain view.

Example 1: Im driving southbound, doing 15 over the limit. Cop is visible to northbound traffic only. LEGAL

Example 2: Driving southbound doing 15 over limit. Cop not visible to either southbound or northbound traffic. ILLEGAL

Yes I have taken this to court twice, and both times won. Cops sitting, that are not on break must be visible to at least 1 side of moving traffic in order to enforce traffic laws.

Provide the case law to back up your claim.....

[tanksoldier]

and I'm sure everyone wants to get out of every little bit of trouble they get into including speeding. Hell, let's descend into out right anarchy and forget all consequences.

If "everyone", the taxpayers, want that then that's how it should be.

That's what voting and ballot initiatives are for.

I doubt they actually want that, if they think about it.

[c3 rolling]

The fact that you noticed the CHP officer to post about it means that the officer was visible.

[003]

They must be visible as in they cant hide from plain view.

Example 1: Im driving southbound, doing 15 over the limit. Cop is visible to northbound traffic only. LEGAL

Example 2: Driving southbound doing 15 over limit. Cop not visible to either southbound or northbound traffic. ILLEGAL

Yes I have taken this to court twice, and both times won. Cops sitting, that are not on break must be visible to at least 1 side of moving traffic in order to enforce traffic laws.

That is the most ridiculous thing I have ever heard, and is absolutely WRONG. Where does this nonsense come from?

[axel4488]

See previous post

Just because you can't see them, doesn't mean you're allowed to do something illegal

No but they also must be in plain view. As to the case law, how the hell am I supposed to remember that from 4 years ago? All I know is, I used that exact example, and won.

[SVT-40]

No but they also must be in plain view. As to the case law, how the hell am I supposed to remember that from 4 years ago? All I know is, I used that exact example, and won.

So please tell us how a officer could use radar or a laser gun if he could not see the traffic? And if the officer could see the traffic well enough to use the radar or laser then he would in fact be visible to the traffic he or she was targeting?

As to remembering, thats up to you. You made the claim so back it up. Do your research as you must have four years ago....

In addition officers do not need to be in any vehicle when using radar or a laser.

[Ron-Solo]

No but they also must be in plain view. As to the case law, how the hell am I supposed to remember that from 4 years ago? All I know is, I used that exact example, and won.

Methinks someone drank the Kool Aid.

[JS89]

If "everyone", the taxpayers, want that then that's how it should be.

That's what voting and ballot initiatives are for.

I doubt they actually want that, if they think about it.

Sorry to burst your bubble but the CHP doesn't receive a cent of our tax dollars, its comes from DMV fee's. Unlike paying your taxes, you don't have to give a dollar to the DMV.

To axle4499,
These horrible, crafty, nifty, thrifty and spooky officers really don't "hide from plain view." Most drivers are just not aware enough to observe the presence. I can't tell you how many times I've heard people saying how they couldn't see this or that. Also, as previously mentioned, radar/lidar doesn't shoot through concrete or dirt, therefore; the officer must be in plane view in order to obtain your speed. Even in the case of visual estimations, the officer must be in plain view.