Legal Question in Traffic Law in Kansas

My question is can a cop radar and pull you over from private property?

Recently I was coming down the street, my speedometer broke a few days earlier and I noticed a cop on the right and knew I was screwed. Anyway, he got me for speeding and also I had a little medical herbs on me. So of course I'm not trying to have a weed charge on my record so I'm trying to find anyway to fight this.

I drove by the next day and found out where he was sitting. It was in someones driveway but the driveway was long so they might not have knew he was there.

So my questions are:

1. Can a cop radar from a driveway?

2. If they can with owners permission, how could I find out legally if owner gave permission.

Thank you and sorry if this is a stupid question.

Asked on 1/26/12, 11:51 am

1 Answer from Attorneys

Anthony Smith LawSmith

These are not stupid questions. But, they probalby aren't relevant to your traffic and possession defense. Even if the officer did not have the landowner's permisison to park on their driveway, it would not negate your arrest. If you have a fairly clean record, you may be able to plea down the speeding charge (give your attorney the invoice from the shop that repaired your speedometer). You may be able to get diversion on the possession charge, as well as the speeding charge. If you have opt to go pro se (without an attonrey ) it may show you just how bad you want to keep a drug conviciton off your record.

Good luck

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Answered on 1/27/12, 4:21 pm

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