Q: Can you be arrested for driving with suspended license on private property, not in a vehicle, and plate not called in.
Arrested in my yard, not in a vehicle, for driving with suspended license, BUT the LEO did not see me driving, he only assumed. He didn't run my tag until he pulled in my driveway and he had to wait for 2 vehicles to pass before he could pull in my driveway. I told him he's on private property and he said he was conducting a traffic stop.
A: Law enforcement officers have the right to enforce traffic laws anywhere the public has a right to travel- even private property in most cases. Shopping mall parking lots are privately owned, but the public can navigate them. The next issue becomes if you were in or out of the vehicle or the officer had probable cause to believe you were or had been.
A: Please look to Mr Blecher's answer in relation to roads and public parking lots. You say the officer didn't see you driving on a road. Maybe so, but the officer might say something different. Your claim that the officer didn't "see" you could be construed as an admission that you were driving the vehicle. So you should tell the operative facts to your lawyer, not to the world. If the officer agrees that he detained you without probable cause or reasonable suspicion, then you would likely win a motion to suppress. More often, these disputes involve whether the car was observed in a place where traffic laws apply, whether there was a reasonable basis to believe there was a violation, whether the officer constantly had the vehicle in his sight, and whether he saw you get out of the driver side of the vehicle. All of these are fact specific issues that you should discuss with your lawyer.
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