Can anyone in law enforcement help answer a traffic question

[alkaline9]

The question in simple terms is: Can a police officer park his patrol car in my driveway to observe/speed trap/etc without my permission?

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The longer question refers to my specific situation. It is not so much a driveway to my home, but the driveway into the parking lot where I own a condo. (should be same rules since in both cases I own a portion of the private property) This is not the first time I've seen a police officer parked in the most obstructing way possible at the exit/entrance to our parking lot. However, today was the first time I've called attention to the situation.

So, the road I live on runs east and west. The parking lot entrance/exit runs north/south, perpendicular to the road. The officer was facing east, parked east/west blocking the entire exit and half the entrance lane. I have a small honda and I barely could squeeze by. Certainly a delivery truck, garbage truck, hummer, probably even large SUV would have a hard time getting in/out of the lot in this situation.

There is a big commuter parking lot for people who take the 45 minute ferry into NYC just down the road. In the morning there are often large amounts of cars driving west on my street (right past where the cop was setup), so I can understand the desire to have a police vehicle parked facing the oncoming traffic. It is valuable to keep the speed down to 25mph on this highly residential block. However, there is on street parking in front of my condo complex, and no one EVER parks there. In fact this morning, about 20 feet from where the police officer was blocking our driveway, there was at least 4 spots where he could have parked instead. The only down side to the officer parking in those spots is that he becomes more visible to the oncoming traffic (ie: can't speed trap as well).

So, when I pulled up next to the officer this morning I rolled down my window to speak with him. I asked "did you talk to the condo association about this?" He did not like my questioning and said "do you see this?" (pointing at the logo and "police" marking on his vehicle) He continued "this means I can park anywhere I want!" I don't know what bothered me more, his parking in such a restrictive way, or his typical authoritative attitude.

In addition to his blocking most of the only access to our parking lot, the officer's rear tires were sitting on the well maintained grass on our property. I had mentioned to the officer that I was concerned about his parking there since we pay a lot of money to maintain our grounds. It is especially hard to maintain the lush greenery living 1 mile from the ocean; the seawater air isn't the best for plants and grass.

So, is he in the right? Can he "do whatever the hell he wants because he is the damn cops and we all better listen to the cops or else..."? If it is my property and I ask him to leave, does he have to? Do I have a reason to be upset or am I overreacting? I am considering calling the police chief in my small town to request that officers refrain from using our parking lot as a speed trap.

Thanks in advance, sorry this got longer than I thought.

[Crazy Dave]

1. Typical

Once here in my town some off duty cop in a regular car parked in someones assigned parking space at an apartment complex. When the assigned owner told the guy to move (not knowing he was an off duty cop, not that it mattered) the next thing he knew there was twenty cop cars there and he was in jail downtown. Needless to say, he got a nice settlement out of that but just as the guy said, "I can do whatever I want", including making up false charges against you which they love to do to anyone who wants to pop their authority bubble.

[alkaline9]

2. yeah, I was hesitant to further question the guy after...

...he made the point of putting me in my place so to speak. How does one respond to "I'm a cop and I can do anything"? Thats partly why I'm asking, so next time I can make a bigger stink. I also didn't like the idea of driving away after confronting the officer. Now he knows my license plate, where I live, etc. I'm not saying I'm going to be targeted, but you just never know. I've met some power-tripping policemen before.

[rug]

3. The asshole needs the property owner's permission.

In this case, since it's common property, the condo association.

[alkaline9]

4. that was my thought, and when asked to leave, he should leave.

I wasn't sure if it was one of those state/municipal laws where the enforcement is different everywhere you go. I wouldn't have minded as much if #1 he wasn't blocking 75% of a 2 lane entrance/exit and #2 he wasn't so rude.

[rug]

5. Bring it up with the condo association.

[alkaline9]

6. I used to be on the condo board, more headaches than its worth...

...dealing with anyone from the board. And sadly the yearly meeting was last night... so I guess I'll have to wait another year unless I can hunt down one of the board members.

[LaurenG]

7. Call the sargent in the traffic division

Tell him that you have a complaint about the officer blocking the drive and parking on the grass.

If he tells you that the policeman in question can park there ask the mayors office; who are most likely in charge of the police dept.

The only caution I have is that some police officers are very control oriented and may try to repay the kindness, (should he be repremanded) by pulling you over for some inane reason. Watch your speed and make sure all the lights on your vehicle work. I only say this as I was married to a policeman for nearly 19 years.

[alkaline9]

8. Thanks, I always drive slow and safe *evil look*

There are only 8 - 10 officers in my town (which is a lot considering its only a square mile) so the chances of retaliation are real. I will take your advice about the mayor though, thanks!

[Crazy Dave]

9. Dunno

In a town that small the mayor and all the officers probably all play poker every Friday night with all that confiscated money that mysteriously goes missing or never gets reported.

Drug dealer: "Man I had $3000 on me when I was arrested!"

Judge: "Sure you did. It says here in the officer's report that you only had $200 in your possession at the time of your arrest"