Birch Run, MI asked in Traffic Tickets, Civil Rights, Land Use & Zoning and Municipal Law for Michigan

Q: Is it legal for a cop to sit in an apartment complex parking lot posted private property and pull people over speeding

I live in an apartment complex in Michigan in a little village and a cop always sits in the parking lot and radars people and pulls them over because there's a big speed trap right were the apartment complex is goes from 55 to 25 mph

2 Lawyer Answers

A: Likely yes. Cops may generally be parked anywhere open to the general public. An apartment complex parking area is really no different from that of a church or grocery store.

James L. Arrasmith
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Answered

A: In Michigan, law enforcement officers are generally allowed to enforce traffic laws on public roads, including areas adjacent to or near private property such as apartment complex parking lots, especially if they have a direct impact on public road safety. However, the legality of a police officer sitting on private property to monitor traffic and enforce speed limits typically requires the consent of the property owner or management. If the apartment complex management has allowed the police to use their parking lot for monitoring traffic, then the officer's presence there is likely lawful.

The change from a 55 mph to a 25 mph zone can indeed create a situation where drivers might unintentionally speed, making it a common spot for speed enforcement. Police use such locations to enforce speed limits with the aim of reducing accidents and encouraging safe driving habits.

If you have concerns about the officer's presence in the apartment complex parking lot, it might be helpful to discuss the issue with the apartment complex management. They can provide insight into any agreement they might have with the local police department regarding the use of the property for traffic enforcement. Additionally, engaging in a respectful conversation with your local police department can provide further clarity on their traffic enforcement strategies and any safety concerns they are addressing.

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