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  1. #1
    Speed Demon
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    Default Can a LEO break the law to give you a ticket?

    I've wondered for some time if when you see a LEO on the the freeway cruising at 20 over the PSL doing traffic enforcement if he is breaking the law, and second, if he caught up and paced you if the ticket is valid? If a LEO illegally searches your car any evidence found can't be used against you. So does a take off of that apply to tickets? Any people here with LE experience who know if it is legal for a LEO when not responding to an emergency to break the law and drive faster than the PSL?

  2. #2
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    Default Re: Can a LEO break the law to give you a ticket?

    Most states do allow police officers to exceed the speed limit and "break" other traffic laws in the performance of their duties. Traffic enforcement is one of their duties, so yes, an officer generally is permitted to exceed the speed limit or violate other traffic statutes in order to pursue a violator.

    I'm not familiar with the California Vehicle Code but here's what I found - CVC 21055 - V C Section 21055 Exemption of Authorized Emergency Vehicles

  3. #3
    Speed Demon
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    Default Re: Can a LEO break the law to give you a ticket?

    The exemption to respond to an emergency or pursue a violator us understandable. However, cruising over the PSL is not responding to a known emergency or pursuing a known violator. I noticed that the code specifically does not exempt a vehicle returning from an emergency.

  4. #4
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    Default Re: Can a LEO break the law to give you a ticket?

    It's sort of implicit in the definition of "pacing a speeder" that the officer would have to break the speed limit to do it.

  5. #5
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    Default Re: Can a LEO break the law to give you a ticket?

    There are variables with every State. Generally speaking, LEO can do whatever he wants with respect to traffic laws because all of it is persuant to his lawful duties. If it is an "unlawful" search than everything thereafter is inadmissible as evidence as per the 4th Amendment. Never, never, NEVER consent to have your vehicle searched. They can only search it incident to a lawful arrest. And if they can search it lawfully, they certainly won't ask you.
    Last edited by dr_King; 08-24-2011 at 04:01 PM.

  6. #6
    Speed Demon
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    Default Re: Can a LEO break the law to give you a ticket?

    Quote Originally Posted by dr_King View Post
    There are variables with every State. Generally speaking, LEO can do whatever he wants with respect to traffic laws because all of it is persuant to his lawful duties. If it is an "unlawful" search than everything thereafter is unadmissible as evidence as per the 4th Amendment. Never, never, NEVER consent to have your vehicle searched. They can only search it incident to a lawful arrest. And if they can search it lawfully, they certainly won't ask you.
    I spent a little time a couple months back precisely trying to determine if the part in red was operative. I didn't find anything on point. What are the limits, if any? For example, can a LEO drive 100MPH up and down the highway because he wants to find and pace egregious speeders? I would say once he spots a speeder he has the right to speed up to perform his duties, but I'm having a hard time with a LEO violating the laws to catch a speeder prior to identifying any such speeder.

    Now even if it was unlawful for a LEO to break the law speeding to find a potential speeder, there is still the problem of how you would put up a defense. You pretty much would have to admit guilt to establish that the LEO broke the law. "Your honor, there is no way the officer would have been able to catch up with me to pace me if he was obeying the speed limit because at no point in time was I traveling at or below the speed limit. Please take a look at my GPS log and dash cam video for yourself." LOL.

    Regarding searches it is amazing how many people voluntarily consent to a search when there is no legal basis. It is even more bizarre that a lot of those people have something illegal in their vehicle to boot!

  7. #7
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    Default Re: Can a LEO break the law to give you a ticket?

    As far as doing what they want......(speeding etc. ) get over it cause your not going to change anything. If they blast thru a red light..... emergency or not, lights and siren or not, and injure somebody, that is what Civil Court is for. Both the department and the cop can be held liable. In some cases, the the municipality has said the officer acted on his own outside of department rules and regulations and therefore is on his own. He can pay to defend himself.

  8. #8
    Speed Demon
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    Default Re: Can a LEO break the law to give you a ticket?

    Quote Originally Posted by dr_King View Post
    As far as doing what they want......(speeding etc. ) get over it cause your not going to change anything. If they blast thru a red light..... emergency or not, lights and siren or not, and injure somebody, that is what Civil Court is for. Both the department and the cop can be held liable. In some cases, the the municipality has said the officer acted on his own outside of department rules and regulations and therefore is on his own. He can pay to defend himself.
    Yes, this is probably all academic but curious nevertheless on the legality. It would be interesting to know what guidelines they are given as far as speeding goes when they are not responding to an emergency.


    Edit: I just called the CHP and I asked a patrol officer if there were any guidelines given to them as far as what speed they can drive when not responding to an emergency. Surprisingly, he said no guidelines are given. He said it's basically just what is a safe speed for conditions. He said if going real fast trying to catch up to a drunk driver reported they should turn on their lights. However, when doing regular patrols it is up to each officer how fast they want to go and pretty much limited only to safe speed for road conditions at the time.

    So if traffic is light, and it is safe for the CHP to go 90, why would it be unsafe for the driver that got a ticket for doing 80? Guess it boils down to revenue generation versus safety. As most things in government, follow the money trail to reach the truth.
    Last edited by 904nm; 08-24-2011 at 01:21 PM.

  9. #9
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    Default Re: Can a LEO break the law to give you a ticket?

    Quote Originally Posted by dr_King View Post
    . Never, never, NEVER consent to have your vehicle searched. They can only search it incident to a lawful arrest. And if they can search it lawfully, they certainly won't ask you.
    From what I understand, an officer can legally search your car without your consent if he has "probable cause". Defining "PC" is another matter altogether.

  10. #10
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    Default Re: Can a LEO break the law to give you a ticket?


 

 

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