RE: Texas law

Madd what are your laws regarding speed traps and conducting radar in them? Cops out here set up radar in definite speed trap areas, and I don't think most people are smart enough to recognize that they got ticketed in one.

RE: Texas law

Maxx, the basic law is that the use of radar is a search. We need to be where we can get legal probable cause for the search. We use the plain view doctrine to see an approaching car that appears to be speeding to justify the search to verify the speed. This is why we were always taught to say we saw the car approaching and estimated the speed and then used the radar to verify.

Now, as to medians and such, the law does not say it has to be accessible to the public. In most cases, the law allows police to use medians and cross them, so we can park there. What we cannot use is private property without the consent of the owner, or things like that.

At least, this is what I was always taught. I cannot find anything in the code on how to run radar or monitor traffic.

Iris,

You need to be careful about the terminology used. What most people call a speed trap is generally legal in Texas. Our courts have defined entrapment as when a peace officer tempts a person to do something they were not otherwise interested in doing. So, a sudden and not properly posted change in the speed limit is a trap by law, But, strict enforcement of a well posted limit is not a trap, even if the limit seems low for that road.

In the last case, Texas does provide a defense. We truly have no set speed limit in Texas because our law defines speeding as exceeding the speed which is reasonable and prudent for the conditions known to the driver at the time. Exceeding the posted speed limit is only a prima facie case of speeding. What most people do not know is that you can argue the actual sign is posted too low and a high speed is actually reasonable and prudent. This then throws the burden of proof back to the prosecution to prove your actual speed is unreasonable.

For example, I am driving 80 mph in a posted 65 zone. I successfully argue that the 65 is too low because in the town 1 mile over, with identical road conditions and traffic, the same road is posted at 70. Now, the prosecution must prove the 80 was actually unreasonable, which they might or might not be able to do. If a person does not challenge the posted limit, then all the prosecution must prove is I exceeded it by 1 mph, not even the actual speed I was going.

RE: Texas law

I define a speed trap as an area chosen to do traffic speed law enforcement, and in the "speed trap" is a speed zone posted at let's say 50 mph and you go this speed for about a mile and then all of a sudden it drops down to 35 with no time to slow down to that speed. The trap comes on the other side of the 35 miles per hour, and on a curve you have the CHP and local cops using radar to nail the drivers. I call this a speed trap and have had my traffic investigations instructor who was a CHP sergeant define it in a similar manner. I can't believe we actually have another person to join in on the banter.....welcome Maxx!

Last edited @ 3/15/2008 7:28 PM

Texas law

The reason I ask is that we have a supervisor who tells the new kids that they can basically park where they want and be blacked out. It is a danger situation sometimes. They will sit at the bottom of a hill in an opposing lane and wait for cars to top the hill. Or as mentioned they will sit atop the raised median at night with lights off and as they take the reading light up and jump off the curb after the violator. As the FTO I dont like it, but the chief says unless I can find legal statute against it, its their call.

RE: Texas law

Well, I agree with you, but the law does say an emergency vehicle can park or stand anywhere, without regard to the other laws (Transportation Code 546.001). It was not intended for this but applies.

I would take the tack of hammering home the search part. This will stop them from parking so close to the top of a hill or around a curve. Make sure that when you are with them, they don't watch the radar then look at the car, but watch for the car and judge the speed then check the radar. Better is if you can get them to leave the radar off (use the argument of the other guys detector warning him far away if it is left on). This will at least give the motorist a fairer chance to see them, even if blacked out.

A big part of this change is the use of stealth marked cars and that emphasis. The world is changing and those of us who think we should be out there for safety are an endangered species.  Revenuers is what many cities seem to want in traffic now.

EDIT: On second thought, you could also try to emphasize pacing abilities. Catch cars speeding without radar at all. I always figured that if I could follow a car that was speeding and not have them slow down, they were not paying enough attention to their driving and were dangerous for the speed.

Last edited @ 3/16/2008 9:00 AM

KUDOS

Anyway. I pray for you all, that you are safe in your job, and off duty.

Tony

Last edited @ 7/9/2008 1:54 PM