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Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only.

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Old 05-17-2011, 08:30 PM   #1
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Does RCMP have the right to trespass?

From what I understand, for traffic enforcement purposes, public parking lots are considered part of the highway. However, are cops allowed to park their car at the entrance of a business parking lot for performing speed traps w/out prior consent from the owner of the business? Does the business owner have the right to force the officer to leave.


Note that no one is objecting to the fact that the officer is ticketing speeders. The problem in this situation is that the officer is blocking one of the entrances to a small business. The business feels that they are losing customers due to the fact that cars are having a hard time getting in/out of the parking lot.
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Old 05-18-2011, 06:11 AM   #2
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It is not "tresspassing" as that is an illegal act. If it is a "highway" (and that includes private parking lots to which the public has access) then they can. I always had a talk with the owner, explained what we were doing and made sure that I did not interrupt the flow of traffic to his business. It would be courteous if the entrances were not blocked and I'm sure if the owner mentioned it to them they would keep the access open for customers. Has the owner talked to them about it?

"highway" includes

(a) every highway within the meaning of the Transportation Act,

(b) every road, street, lane or right of way designed or intended for or used by the general public for the passage of vehicles, and

(c) every private place or passageway to which the public, for the purpose of the parking or servicing of vehicles, has access or is invited,

but does not include an industrial road
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Old 05-18-2011, 01:03 PM   #3
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Yes, if the police vehicle is obstructing the use of the lot and hasn't asked the lot owner's permission, it is perfectly acceptable for the lot owner to request that the police vehicle be used elsewhere....
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Old 05-18-2011, 06:45 PM   #4
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Thanks for the responses.

Actually , the officer had already been asked to leave but he refused. This is what prompted me to ask if the business has the right to force the officer to leave.
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Old 05-18-2011, 07:06 PM   #5
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Well I suppose if it's a public area, there's no legal reason someone couldn't park a big SUV in there... and it it just happens to be blocking his view of the road... oh well!
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Old 05-18-2011, 07:15 PM   #6
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Well I suppose if it's a public area, there's no legal reason someone couldn't park a big SUV in there... and it it just happens to be blocking his view of the road... oh well!
Yes there is reason....I'll let you think about it....
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Old 05-18-2011, 07:37 PM   #7
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Thanks for the responses.

Actually , the officer had already been asked to leave but he refused. This is what prompted me to ask if the business has the right to force the officer to leave.
IF the business owner is not happy with things then he can call the Detachment and ask to speak to the Watch Commander and express his concerns.
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Old 05-19-2011, 12:23 PM   #8
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I've had RCMP officers park their unmarked cars in my driveway 4nights in a row..... My driveway is hidden in with 20ft hedges and a 6ft gate....when questioned, they explained that they were monitoring a neighbour house.
I never had a problem with free security. hahaha
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