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nogahidecupcake

Ticket At Wal-Mart? (Stop Sign)

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All traffic enforcement signs are enforceable as the property is considered Private public street.

Why do you think you got the ticket? You think maybe the officer just wanted to check out the law to see if it was valild or not?

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I never got a ticket; I was merely asking a question.

I asked

two police officers and both said that it was private property so one

could not get a ticket for not obeying traffic signs. I do not know

what legal degrees either of yall have, so I'm not sure who to believe.

If either of yall have a degree, please let me know so I can know who

to believe.

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Well I have over 30 years of law enforcement with the last 15 being in charge of the patrol division, and I hold the rank of Lieutenant.

A shopping center is considered private property with public access, so state traffic laws can be enforced by the local police department.

If your car was broken into at this Wal-mart who would you call to take the report? If your car was struck while you were in the store shopping, who would your insurance company try to get the report from?

So if the police can take a report for these sort of things even though it is private property (which it is, but the public has access to it) why do you think they could not enforce traffic laws such as running a stop sign, parking in a handicap marked space if your car is not authorized to park in one, or even speeding?

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I'm a lawyer, and my answer will be a little different than the others. It depends on the laws of the state and city/county where the parking lot is located. While many states do indeed subject privately owned parking lots and streets that are open to the general public to the state traffic laws, that is not necessarily the case in all states. Since you did not indicate the state and locality, it is impossible to tell you if running a stop sign in a privately owned parking lot would violate the law and subject you to a ticket.

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"So if the police can take a report for these sort of things even though

it is private property (which it is, but the public has access to it)

why do you think they could not enforce traffic laws such as running a

stop sign, parking in a handicap marked space if your car is not

authorized to park in one, or even speeding?"

Just because one event, like theft, that occurs on a private parking lot is a crime does not lead to the conclusion that other events that occur there, like running stop signs, are crimes. It really is necessary to look at the particular state and local laws that apply. It may well be that in the poster's state, the law does not include privately owned parking lots in the definition of a public roadway or highway that is subject to the state traffic laws. Many states so, as apparently yours does, but as a matter of logic, one cannot simply assume that to be the case is all states.

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"I live in Lafayette, Louisiana. I wouldn't know where do look up where

this would apply, but if either of yall would do so, I would appreciate

it."

The answer to your question then is maybe. It depends on how the applicable definition of highway is interpreted. Let me walk through an example so you can see what the law says and where the issue may be. In my experience, the most common traffic signs in parking lots are stop signs. Louisiana Revised Statute (LRS) section 32:123(B) provides as follows:

"Except when directed to proceed by a police officer or traffic-control

signal, every driver and operator of a vehicle approaching a stop

intersection indicated by a stop sign shall stop before entering the

cross walk on the near side at a clearly marked stop line, but if none,

then at the point nearest the intersecting roadway where the driver has

a view of approaching traffic on the intersecting roadway before

entering the intersection. After having stopped, the driver shall

yield the right of way to all vehicles which have entered the

intersection from another highway or which are approaching so closely

on said highway as to constitute an immediate hazard."

So, under the statute, you are penalized for failing to stop an intersection marked with a stop sign. Thus, the key term here is "intersection." LRS § 32:1(26) defines intersection as follows:

(a) The area embraced within

the prolongation or connection of the lateral curb lines, or, if none,

then the lateral boundary lines of the roadways of two highways which

join one another at, or approximately at, right angles, or the area

within which vehicles traveling upon different highways joining at any

other angle may come in conflict.

(
B)
Where a highway includes two

highways thirty feet or more apart, then every crossing of each highway

of such divided highway by an intersecting highway shall be regarded as

a separate intersection. In the event such intersecting highway also

includes two highways thirty feet or more apart, then every crossing of

two highways of such highways shall be regarded as a separate

intersection.

© The junction of an alley with a street or highway shall not constitute an intersection.

Basically, then, an intersection is where two highways cross each other or meet each other.

So, you need to know the definition of a "highway." That is found in LRS § 32:1(25), which says that highway: "means the entire width between the boundary lines of every way or place

of whatever nature publicly maintained and open to the use of the

public for the purpose of vehicular travel, including bridges,

causeways, tunnels and ferries; synonymous with the word 'street'."

Shopping center parking lots are certainly open to the use of the public. But private parking lots are not usually "publicly maintained" if that phrase means maintained by the government. So the issue is whether it is enough that the road is either publicly maintained or open to the use of the public or whether the road must be both publicly maintained and open to the use of the public. The word "and" can be used in both ways in sentences like this, making it possible to argue it either way. The more natural read of it, I think, is that it must be both publicly maintained and open to the public, which would then exclude private parking lots. But without reading Louisiana court decisions to see if they've addressed it, I can't tell you how this would come out if challenged.

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Ok i just parked my truck in a walmart parking my mission was just to grab a gallon of milk when 2 police cruisers pulled up in front and behind me and started asking questions when my truck was turned off then the officer noticed something in the door trim above my head then searched the truck my question is is it legal or not for them to have made contact with me and then send the suspected drugs to the lab and then issue an indictment for my arrest...?

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