Legal Question in Traffic Law in California

Re: police sitting on private property monitoring traffic

Not unless they have been given permission, or the govt. has some kind of easement on your property. In an emergency or hot pursuit situation, they would have a right to enter onto the land without advance consent. This doesn't sound like it applies here. They might also have an "implied invitation" if the property is so configured that it looks as though the public is invited to where they are sitting. The quirk of California law on trespass on private property is that it is usually not criminal unless the person has clearly been on notice not to enter, or "no trespassing signs" are clearly posted.

Try putting up "no trespassing/private property keep out" signs near where they are sitting while they are not there. I'll bet they don't do it any more after that. If they do, you need to think twice before confronting them and asking them to stop parking there, even politely (certainly never angrily). Making demands of the police is always risky. Police officers vary widely in knowledge and experience of the law, and in attitudes of citizen respect. In this case, you seem to clearly have a right to tell them to leave, but if they don't, what are you going to do? Call the police? And even if they quietly go away, you could become a target for future harassment, especially if this is a spot they like and nets them a bunch of tickets and "collars."

I would say under no circumstances confront the police involved. A badly-trained or disciplined cop could accuse you of interfering and arrest you (wrongfully). Instead, if you are going to do it, call the police department and tell them they are sitting on your private property and you object to that and ask them to leave. They will probably be radioed to leave. If that doesn't work, file a formal complaint with the chief of police. If that doesn't work, go to internal affairs. If that doesn't work, your only recourse is to keep living with it, or sue the police department for an ongoing trespass.

Please let me know what happens at [email protected]. I'm curious to know if the signs will work.