Help - Search - Members - Calendar
Full Version: can the police park were they want in the course of there duty
FightBack Forums > Queries > Speeding and other Criminal Offences
LORDPSK
Hi, I like in North Wales, traveling the length on breath of the UK I have found more in North Wales than anywhere else the police park were they want wait to catch the victim. What I have always wanted to know and would like to hear the legal beaver peoples opinion on that in the police are parked illegally (ie, clearway slip road, hatched areas of roads, sitting on junctions, then surely as there evidence is collated illegally they it should not be accepted in court,whats other peoples views please.
BaggieBoy
They can park where and how they like. What they do, doesn't mitigate any offence commited by others.
southpaw82
There are exemptions from many of the parking restrictions for a vehicle being used for police purposes. However, even if the evidence is obtained using a device in a vehicle that was parked illegally it would be hard to argue that the evidence was obtained as a result of an illegal act. The act of using the LTI2020 (or whatever) is not itself illegal. Even if that could be successfully argued then evidence would only be excluded if it preudiced the right to a fair trial - I can think of no situation such as you describe falling within that test.
Teufel
on public highway police in course of duty can park anywhere

they cannot trespass on private proprty but doubtful if this would taint the use of a speed camera
LORDPSK
but what can be classified as in the course of there duty, waiting for a victim is not part of there duty, they are parked not using any equipement except there eyes looking for a bulb out etc
southpaw82
Then answer (in short) is "yes they can" despite what arguments you may have.
LORDPSK
Sorry I am not attempting to cause an argument, nor have I any court action awaiting me ( or not to my knowledge) it was more of a general discuss item, Vosa do the same park contary to the law and then imply the law against road use when they originally broke the law whilst waiting for them to drive past
nemo
QUOTE (LORDPSK @ Wed, 12 Nov 2008 - 00:05) *
they are parked not using any equipement except there eyes looking for a bulb out etc

How do you know what they are doing ?

Anyway, doesn't checking for potentially unroadworthy vehicles form part of the duties of TrafPol ? Not to mention the flagging of untaxed / uninsured vehicles if the police car was ANPR equipped.
LORDPSK
nemo you are correct, but were the line drawn in the sand between honest copper keeping the scum who are uninsured and untaxed off the road and the bent copper who will do anything to score points against motorists
The Rookie
The relevance of that speculation to anything at all being.....
Faraway
well say the illegal parking causes an accident to another road user?
The Rookie
I meant the difference between an honest copper and a bent one (and how you would try and prove which was which in court for example)....

In the event of an accident the copper could still be found guilty of a range of offences, as could anyone else parking in a 'silly' but legal place.

Simon
Durzel
QUOTE (Faraway @ Wed, 12 Nov 2008 - 13:28) *
well say the illegal parking causes an accident to another road user?
Short of parking in the middle of the road how exactly would the BiB parking on cross-hatches, double yellows, no stop zones, etc be likely to cause an accident?
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2019 Invision Power Services, Inc.