Fort Lauderdale Stop For Traffic Infraction on Private Property Attorney
Law enforcement officials have a great deal of power when they are out in public dealing with members of the community. They can stop drivers when they have reasonable suspicion and in some cases, they can even search a person or their vehicle. However, the authority of law enforcement is also limited when a person is on private property. If you have been pulled over when you were not on public property, our Fort Lauderdale stop for traffic infraction on private property attorney can help with your case.
A Stop for Traffic Infraction on Private Property when Officer has Jurisdiction
Police officers have authority to make traffic stops in their own jurisdiction. Case law has shown that the majority of courts in the state and around the country do not consider private property as being in law enforcement’s jurisdiction. Police officers in Fort Lauderdale are allowed to make traffic stops on streets and highways and the courts have determined in the past that private property does not meet this definition. Private property, such as parking lots and driveways, are not considered to be open for public use and so, law enforcement officers have no jurisdiction over it.
If you were issued a traffic ticket, the prosecution must show that the general public could use the property. If they cannot show this, the court will likely determine the officer was not within their proper jurisdiction and dismiss the charges against you. A tow notice that threatens people that are not residents with towing if they park on the property is usually sufficient to prove it was not open to the public.
Exceptions to Jurisdiction Regarding a Stop for Traffic Violation on Private Property
Like most legal issues, there are exceptions to the jurisdiction rule. If there is a written agreement between the local police and the owner of the premises, the court may determine that law enforcement has jurisdiction over that property. The agreement must specifically give law enforcement traffic control jurisdiction over the premises.
It is important to note that jurisdiction only applies to traffic stops and violations. Law enforcement does not need a written agreement to investigate a criminal offense on private property. This means that if someone is driving while under the influence, which is a very serious crime in Florida, they can still face charges even if they are on private property.
Our Stop for Traffic Infraction on Private Property Attorney in Fort Lauderdale Can Advise on Your Case
Law enforcement is often overzealous when issuing citations for traffic violations, and that sometimes means they step outside of their jurisdiction to do it. If you have received a ticket when you were not on public premises, our Fort Lauderdale stop for traffic infraction on private property attorney at Meldon Law can advise on whether the officer had the right to do so. Call us today at 800-373-8000 or contact us online to schedule a free consultation and to obtain the legal advice you need.