Question about speed enforcement

[NytWolf]

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.

I'm sure you won just because he was "invisible" to you.[/sarcasm]

[Bert Gamble]

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


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

Ok, so this went off on a bit of a tangent, but I think the answer to the question is that it is perfectly legal to sit in the dark with no lights and catch speeders.

I don't know where I heard that police need to be visible. Thats why forums like this are good. Keeps people informed.

Thanks

[WARDOG]

I retired before laser speed detectors were common.
I used to go to the hot spots around town, free time permitting of course, usually approaching a school zone, or residential area with crosswalk's etc., or high collision area.
I parked around the corner, got out of my car and actually sat on a 3 ft. brick wall with radar gun in hand. It was the "Instant-On" type so radar detectors wouldn't detect the radar until I already verified speed.
'Never lost a speed case due to my car not being parked in the open. However municipal street speeding laws varied slightly from highway or freeway rules. CVC 22348, 22349, 22350. http://www.leginfo.ca.gov/cgi-bin/wa...ction=retrieve
It was a little entertaining to see a speeder doing about 50 mph in a posted 25 zone relying on their radar detector. About a second after I verified their speed with the radar they would nail the brakes so hard there front bumper would almost scrape the pavement. Many were pissed that the "instant-on" bypassed their $400 detector. Their detector would go from silent-to a 90db squealing-to silent in less than 2 seconds.
And yes...I just got a ticket for speeding 2 weeks ago by the CHP. Hey man, it was a Supercharged Z06 'Vette I'm sure I had it coming. I didn't badge 'em either ('cause that's not right either)
Won't even fight it, even when I see how it is going to cost.

[Ron-Solo]

I used to like to point my radar at cars that I saw had a radar detector, but I would leave the unit in standy where it wasn't sending out a signal. It would drive people batty. I know, kind of mean, but sometimes you just get bored.

[Bobby Ricigliano]

I'd like to sit in my vehicle and point a hair dryer at cars to see if they slow down.

[geeknow]

Ron,
I think that's hilarious. Seriously. The thought of all those people storming back into whatever store they bought those from stating 'he was pointing the radar gun right at me and it never made a peep' is cracking me up.

Probably did more to reduce the speed of those drivers than any ticket could have ever done, too...

[NOTARPilot]

These arguments are about as entertaining as when people say you can't cite them on the freeway because you aren't CHP...LOL. OK... Sign here and press hard there are 3 copies.

[me109g4]

To axle4499,
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.[/QUOTE]

Total crap, all u need for the radar is a small opening, the officer could hide behind a wall with a hole in it, we have a motor officer a few towns over that hides behind a road sign thats at ground level that for some strange reason has a 5" hole drilled in it. how much in plain view is that?? By another strange coincidence since they go the new CLEO the traffic stops by the Dept. went from 4 thousand a yr. to over 15 thousand a yr.

[Kodemonkey]

I used to like to point my radar at cars that I saw had a radar detector, but I would leave the unit in standy where it wasn't sending out a signal. It would drive people batty. I know, kind of mean, but sometimes you just get bored.

That's classic.

[me109g4]

yeah, i like that one too,,,

[oddjob]

CHP uses planes to enforce speed violations all the time. I would think the "need for visibility" argument would not work. None of my friends who got cited via the CHP plane "saw" the plane. They did see the units in the rear view though!

I don't remember the exact CVC section, but I think there is a section on a traffic units being "clearly marked".

[003]

Unmarked Cars:
Unmarked cars are legal in California and undercover officers have the authority to pull drivers over, and issue citations. As part of California Vehicle Code Section 40804, any officer whose primary duty is maintaining traffic and enforcing the vehicle code must be in a marked car and in uniform.

Misconceptions:
Some folks like to try and say that section 40804 of California vehicle code should be interpreted as meaning that officers in unmarked cars cannot issue traffic citations, including speeding offenses. This is not true, as officers in unmarked cars can perform this duty as long as their primary law enforcement duty is something other than enforcing the vehicle

[jamesonamac]

CHP uses planes to enforce speed violations all the time. I would think the "need for visibility" argument would not work. None of my friends who got cited via the CHP plane "saw" the plane. They did see the units in the rear view though!

I don't remember the exact CVC section, but I think there is a section on a traffic units being "clearly marked".

I believe they only work roads/highways that have signs clearly posted "patrolled by aircraft" or something similar.

[red2sniper]

The new Lidar's that we have have a range of 8000' (about a mile and a half) how visible will the officer be to you at a mile and a half? I hear it all the time when I stop people, I didnt see you, I am going to fight this, you have to be out in the open! Well.......I was sitting on my police motorcycle, parked at an angle at the curb in the street, (should I have all me red and blue l.e.d. lights on for you too), pointing this thing at you and you almost went into a four wheel locked skid when you saw me......again, press hard there are three copies!

[JS89]

To axle4499,
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.

Total crap, all u need for the radar is a small opening, the officer could hide behind a wall with a hole in it, we have a motor officer a few towns over that hides behind a road sign thats at ground level that for some strange reason has a 5" hole drilled in it. how much in plain view is that?? By another strange coincidence since they go the new CLEO the traffic stops by the Dept. went from 4 thousand a yr. to over 15 thousand a yr.[/QUOT

Thank you for letting me know that you have never used radar before.