is this legal in SC?

[richard2717]

Originally Posted by Tropical Snowstorm

You told him it didn't have a battery in it, making it an inop vehicle by the letter of the law.

So using that argument legally the cop can cite your daily driver if the battery happened to go dead and you removed it to go to parts house to get another one. Once you got back home with the new one you had to use the bathroom or it was late or whatever and you did not go put it back in right away, Barney just happens to show up before you put it back in and wham ....$1000 fine. I will see him in court.....

As long as the car is tagged, insured and able to be started with minimal effort I see no problem. Getting the battery out of the garage off charge is minimal effort.

And no I do not feel 730 in the morning is reasonable to be coming on my private property busting my chops over my classic.

just my 2 cents though..............

[primetime]

one more thing, I forgot to mention. one of you guys gave me excellent advice to move my 67 in the back yard and put a cover over it. that is exactly what I did and where I showed the officer the car was today. and turns out that the $1,092 fine that I got was not a real fine, it was a warning ticket that he issued me. someone else commented about that and I was able to verify today. thanks again all.

[marvgarr68]

In this state a cop can not give you a ticket on private property. You can ask the cop to wait on the curb tell they get a warrant. I like it here we also don't have cops going door to door asking if your cars runs or not as long as the title is in your name it is ok. Zeldman I lived most of my life in Gallup and the same goes there they can not give you a ticket on private property. I have done this to most of the force over there. I am not sure on laws in SC it might be legal or not but to make false claims that your car is inop is NOT THE LAW. Also if it had current tags and insurance (all the officer would have to do is run plate) it is not an inoperative car and is legal to have in YOUR yard.

[Tropical Snowstorm]

Originally Posted by richard2717

So using that argument legally the cop can cite your daily driver if the battery happened to go dead and you removed it to go to parts house to get another one. Once you got back home with the new one you had to use the bathroom or it was late or whatever and you did not go put it back in right away, Barney just happens to show up before you put it back in and wham ....$1000 fine. I will see him in court.....

As long as the car is tagged, insured and able to be started with minimal effort I see no problem. Getting the battery out of the garage off charge is minimal effort.

And no I do not feel 730 in the morning is reasonable to be coming on my private property busting my chops over my classic.

just my 2 cents though..............

My point was to the OP. More of the fact that he said "I told him I'm not going through the trouble of taking my battery off the charger." than I'm working on fixing a minor issue or anything else related to a daily driven vehicle.

This is the point zeldman tried to make and Liz pointed out, respect and patience get you a lot further than being difficult or confrontational. Another HUGE thing to keep in mind when dealing with law enforcement is keep your word hole shut!!! The OP talking gave the officer enough information to cite (or warn as the story has progressed) simply because he didn't stay quiet and offered up info about the battery not in the car. That information combined with the attitude, I would have thrown the book at you too... Sorry man.

To be clear: I am not a fan of law enforcement coming on my property for anything nor do I like any interaction with them. But my neighborhood combined with my work schedule does put me in contact with them more often than a normal person and I have yet to have a problem with any of the officers I come in contact with, even having a loud daily driver with dark windows... Just some friendly advice to the decaying social atmosphere in our dying culture in this country, just be nice... it makes everyone's life a lot easier.

[MadManAndrew]

Sounds like a load of crap to me. Our only requirement is that if vehicles are parked within sight they have to be on a paved surface. Don't have to be running or registered, just parked in the driveway.

[ho70]

A law enforcement officer has the right to enter property if he\she sees a law being broken, an example here is the car has sat out front for a long time and it is against the bylaws, just the same as if you were beating your wife in the front yard-no warrant is required. Also badges do not need numbers to be authentic (it is a cost factor) Point here is apologize, have proof the car runs and everything should be in your favor

[lousyflyer]

You can rest assured 100% that someone in your neighborhood reported you to the code enforcement authorities. I had this happen to me in Texas. The officer will not tell you that you were reported by your neighbors. They do this to protect the party that complained from being identified, and consequently harmed by YOU in a retaliatory attack.

I had a spare auto that was parked in my driveway with expired tags. One day the police officer appeared at my door. The cop told me that city code prevented disabled/unused vehicles from being stored in public view in the city limits. After talking to me for a few minutes, the officer realized that the car was not junk and I was not a nutbag. Then in a slight whisper the cop confided that I had indeed been turned in by the old man across the street, and that the old man had complained about everybody from time to time.

I did not even know that anyone lived in the house across the street because I had NEVER seen anyone outside the house except the lawn care service that mowed the lawn weekly - for the previous TWO YEARS.

Not wanting to start trouble with my closest neighbor whom I had never met, I decided to sell the car for $100. The car sold the very next day to the first person that came to look at it. They put the key in it, started it right up and drove it away.

About a month later I noticed a for sale sign in the yard across the street. It turned out that the family of my unknown neighbor had him committed to an institution.

[zeldman]

Originally Posted by ho70

A law enforcement officer has the right to enter property if he\she sees a law being broken, an example here is the car has sat out front for a long time and it is against the bylaws, just the same as if you were beating your wife in the front yard-no warrant is required. Also badges do not need numbers to be authentic (it is a cost factor)

Thank you. In the USA you have a constitutional right to protect you from illegal searches on your property or anywhere. That means a cop cannot just walk into your house and snoop around looking for anything illegal. But, and there is that word, but if a law enforcement officer sees a law/ordinance being broken, he/she has the right to do their job without a warrant, no matter if it is in Gallup or South Carolina or Arizona. Sorry if some people dont like it, but not liking it doesnt mean you dont have to abide by it.

Looks like primetime is getting the problem worked out. Really glad that was a warning and not an actual fine. The original question has been answered so anything on from here is just beating a dead horse.


Free advice for everyone: Do not ever attempt to argue with a cop that has a tube of Preparation H sticking out of his pocket....

Or take my advice: When things get tough and you dont know what to do, pull down your pants and slide on the ice...


(LEGAL NOTICE, the above advice is for entertainment only.)

[Indian113]

All I can add is " Never swing at a cop in Sturgis at the Rally" even if he is scraping putty off of the Neck of your molded 1949 Panhead frame looking for #'s eventhough I told him 3 times they used the Motor #'s to register my Panhead. I spent most of the rally in the grey bar hotel.

[zeldman]

Originally Posted by primetime

I don't see my circumstances as you did with a speeding ticket.

Sorry, I was not comparing your situation to a speeding ticket. I was just trying to make aware that a lot of people appreciate the job cops do untill they get a ticket. Then they complain that just because they were speeding, ran a red light or do not have tail lights that the cops should be doing something more important like catching real criminals instead of pestering me. Cops are just johnny on the spot. If they see something they can act and do their lawful job. Sounds like your code enforcer saw your vehicle and decided to check it out. Probable cause was your vehicle sitting in the same spot for a while. I used to work in Alaska and I left a truck parked at my moms house in Texas. I did that so I would have vehicle when I visited. And yes, my mom was visited by the keep our city clean task force. She told them the situation and they saw it was registered and inspected and that was the end of that. Next time I visited I parked it one foot over when I left. And yes, the busy body next door neighbor called and complained.

I am really glad to hear that was a warning and not an actual fine. Sounds like you have the situation in control now.

[primetime]

No problem Zeldman, but I still wanted you to answer my question about the scenario I gave of the drink & drive. Not just you though anyone that read it can answer.

[Zach B]

Yes it's legal. It's it right? No. My own family has run I to similar issues. In the 90s my grandfather was putting an engine in one of his trucks and while he was doing that an officer gave him a fine because for the past 5 days the truck was not able to be under its own power.

[pwdcougar]

Got a buddy in NY state with 5 inoperable cars in his yard. His place really does look like crap. One of his neighbors complained and the town compliance officer comes around and tells him the cars have to be removed and he has a month to do it or he gets a $350 fine per car. My buddy asks why he has to do this. Officer says that all cars on a property have to be registered and insured or they are not in compliance.

A month goes by and the officer comes back and he is mad. Tells my buddy that he wasn't messing around and he is getting five $350 tickets. My buddy says tickets for what? Officer says it is for not having proper registration and insurance on the vehicles. My buddy says what vehicles? All my vehicles are registered and insured. He walked the officer around to each car and showed him the registration, insurance card and license plates for each.

My buddy went out and had each car on the road. I asked him why he went to all the time and expense to do this instead of junking the cars and making some cash at the scrap yard. My buddy said his way was more fun. Every snow storm my buddy used to plow the driveway of the neighbor who complained. Now she has to do it herself and she still has to look at my buddy's junk.

Paul

[primetime]

Originally Posted by Zach B

Yes it's legal. It's it right? No. My own family has run I to similar issues. In the 90s my grandfather was putting an engine in one of his trucks and while he was doing that an officer gave him a fine because for the past 5 days the truck was not able to be under its own power.

no sir, I found my answer already for that particular question and got this squared away.
the question I wanted the others to answer was about an comparison I had. it goes as following:

a cop knocks on your door and ask is this your car in your driveway sir? you say yes. cop ask do you have beer in your refrigerator sir? you say yes. the cop says you are under arrest for drinking and driving. OR you can come outside and take a breathalyzer and field sobriety test to prove you're innocent.

that was the question I asked Zeldman and the others who believe the cop was just doing his job.
his initial assessment was wrong, he further compiled the error with paraphrasing the law to cover himself.
but I filed my complaint the correct way and the issue is resolved. however I lost all trust and faith in him and HIS office. he doesn't represent all cops.
I believe Zelman, Liz, Tropical are confusing what is legal with what THEY believe I deserve. they all stated that they believe I was irate irrational angry and disrespectful while talking to the cop and sheriff and others. all is untrue.

[primetime]

back on the charger, tucked away in the back yard. car cover is removed for safety reasons since the battery is charging.

[Tropical Snowstorm]

Originally Posted by primetime

the question I wanted the others to answer was about an comparison I had. it goes as following:

a cop knocks on your door and ask is this your car in your driveway sir? you say yes. cop ask do you have beer in your refrigerator sir? you say yes. the cop says you are under arrest for drinking and driving. OR you can come outside and take a breathalyzer and field sobriety test to prove you're innocent.

I believe Zelman, Liz, Tropical are confusing what is legal with what THEY believe I deserve. they all stated that they believe I was irate irrational angry and disrespectful while talking to the cop and sheriff and others. all is untrue.

To address this:

Scenario 1: A good samaritan calls in your vehicle for erratic driving, the officer responds to the area and sees you pull in your neighborhood and pulls in to make contact with you regarding the complaint. You ignore him and attempt to go inside, he has the right to make contact with you and saw you operating the vehicle. He will indeed complete an investigation and legally figure out if you are intoxicated or not, even if you are "on your own property."

Scenario 2: A good samaritan calls in your vehicle for erratic driving. You make it home in one piece and go inside. An officer responds and sees your car in the driveway unoccupied. He has no legal recourse at this point, even if he sees you looking out the window. He may give you a hard time or try and make contact with you anyway, but nothing at that point (unless you offer up info like YOU did with the battery) will work to get a charge to stick.

A twist on scenario 2: You hit and injure someone, leave the scene and make it home. A good samaritan got the make and model of your car (albeit a unique one, one of the many things to be aware of when misbehaving in a car that's not a tan Camry) and the responding officer sees your car parked in your driveway, matching the description. He is legally allowed, due to plain sight clauses, to inspect the car. If the hood is hot and there is fresh damage to the vehicle, he is completely allowed to make contact with you and complete a lawful investigation.

All in all, the questions you have asked are clearly showing a disdain for law enforcement and local ordinances. I get your frustration, I've had 50 year old daily drivers before and the problems both mechanical and societal that comes with them but I always keep a level head and stay quiet and I've been fortunate enough to stay out of trouble for the many years I've been driving and owning old "junk." One thing that has always stuck with me over the years that my dad taught me was: What is right and what is the law are two different things. You can be right all you want...

[zeldman]

Originally Posted by primetime

a cop knocks on your door and ask is this your car in your driveway sir? you say yes. cop ask do you have beer in your refrigerator sir? you say yes. the cop says you are under arrest for drinking and driving. OR you can come outside and take a breathalyzer and field sobriety test to prove you're innocent.

primetime, I apologize for taking so long to respond to your question. I had to check my legal sources to make sure I dont give out wrong information. Tropical Snowstorm has some really good information as well.

So as I understand your scenario, you are sitting in your house, a cop knocks on your door and ask it that is your car outside, and do you have beer in your refridgerator. Ok, this wont happen. As explained to me, a cop is just Johnnie on the spot. The officer has to see the violation to be able to respond. The constitution protects you against illegal search and seizures, so to answer your question, no, a cop cannot just walk up to you and ask you if you have been breaking any laws without probable cause. In your case the probable cause was your car sitting for an extended time. If the hood was just barley open then that raises the suspicion level up a notch that the car might not be running. In your case the officer was justifiable in his actions and was within the boundries of his duty. Sadly, rudeness isnt against the law so there is really no recourse there unless he used swear words and/or unjustifiable physical force against you.

I know this is as clear as mud, I just hope I have helped clear it up a little.

By the way, nice looking car.

[Axle]

[QUOTE=zeldman;6469351From reading your post I can clearly see you had a problem with the officer in question. The burden of proof was on you, not the cop or code enforcement officer. You car apparently has been sitting for a long time and there is probably a record of how long it has sat there. Probably from a neighbor. All you had to do was crank up the car. Problem solved.[/QUOTE]

Principle. If this was an actual cop, he could have run the plates and have seen that it is a properly registered vehicle and not subject to code enforcement. Being code enforcement, probably not a cop, just a city employee that gets a cop like uniform to help intimidate the citizenry (no, I don't have an issue with that, it works, but to call it anything else is looking at it through rose colored glasses).

Since we only have one side of the story, but from what was said; Getting woke up to knocking and being demanded I start up a vehicle is not going to go over well with me. Better begin your visit cordially and give me some background as to why you are here and while I get to being fully awake we'll get along great. But putting on a little Napoleon act is going to be met with resistance all the way, and is nothing but aiding in the ever eroding freedoms we have.

Alex.

[piecesparts]

Whether or not the cop was an a$$, he still has to do his job while respecting your rights as given by the state and federal governments. Your answer is always available through a law firm and you representation in court. Remember if you show him up, he will be back and ready for you the second go around. I will tell you if they are at my door and are pushing hard for something, then it is time to ask for him to bring his supervisor to the property for another point of view. If they want to enter the property, then they need proper paperwork to make it happen. That is their rules and law to live by, so it is your right to ask them to do that.

Yes, the battery was out of the car, but he apparently did not ask if the car was not able to be started if the battery was placed back in it. He does not know why the battery was out and if it was going to be removed for a long time. Apparently the neighborhood you live in has some strict rules and apparently they mean to make money enforcing them, A move to the country would be suffice to change that. If your property looks like a rat hole and the cars are sitting forever, then I, as a neighbor, would not appreciate what your appearance would do for my property values, but I also understand the desire to have vehicles that are collectables, that is why I have a 40 X 40 shop in my backyard.

Point to consider---Never use a phone to communicate, if you have a real concern. It is too easy for the people on the other end to brush you off and not be forth coming in an answer to your issue. Go see, them, be calm, and know what your rights are.

[PanelDeland]

I had one towed illegally in Tx once.When I called them on it,they sent the code enforcement officer back out.I showed the receipt and called the tow company(whose owner I knew personally).I also showed the enforcement officer the receipts for it beinglegal(registration).The tow company charged them to return the vehicle and the code officer started to leave.I told him if he left without my vehicle being back in my drive,that I would be at the next city council meeting.While we waited on the tow truck I called that officer everything I could think of short of curse words.I was really trying to get him to swing at me.I was hoping to finance restoration and retirement on his inability to hold his temper.No joy.
My personal opinion is that code enforcement is basically harassment and revenue generation legislation on the local level.The truck was in my drive and registered when it was towed.I think he wanted the truck.
I guess "Buffalo" didn't have a good day.I called his supervisor and city hall.Later I learned others had had the same problem,and that he was known for finding classic and special intrest vehicles and trying to obtain the thru the seizure and auction process to sell for profit.He had only been a code enforcement for 2 weeks and already had this rep.

BTW He introduce himself as "Buffalo" and was about 6'5" and prolly 325# and smelled like a Buffalo.


No Love for CE here.

[BB72CHEVKT]

Originally Posted by Tropical Snowstorm

My point was to the OP. More of the fact that he said "I told him I'm not going through the trouble of taking my battery off the charger." than I'm working on fixing a minor issue or anything else related to a daily driven vehicle.

This is the point zeldman tried to make and Liz pointed out, respect and patience get you a lot further than being difficult or confrontational. Another HUGE thing to keep in mind when dealing with law enforcement is keep your word hole shut!!! The OP talking gave the officer enough information to cite (or warn as the story has progressed) simply because he didn't stay quiet and offered up info about the battery not in the car. That information combined with the attitude, I would have thrown the book at you too... Sorry man.

To be clear: I am not a fan of law enforcement coming on my property for anything nor do I like any interaction with them. But my neighborhood combined with my work schedule does put me in contact with them more often than a normal person and I have yet to have a problem with any of the officers I come in contact with, even having a loud daily driver with dark windows... Just some friendly advice to the decaying social atmosphere in our dying culture in this country, just be nice... it makes everyone's life a lot easier.

"respect and patience get you a lot further than being difficult or confrontational. "

Code Enforcement was being disrespectful knocking on someones door at 7:30am and being diffuicult and confontational IMO. Primetime just returned the favor.

[63burban4x4]

I've been old enough to interact with persons in authority for over 50 years. I've run into my share of these on their own power trip. Through experience and maturity I've learned at least one thing; being disrespectful will NEVER get you the result you would like. Right or wrong, NOBODY likes to feel disrespected. Just sayin'.

[Kerry P]

Is this like most tickets and subject to a court trial? The charge is based on the statement of the accused. Is it enforceable without the accused being read the Miranda warning? If his non-Miranda self-incrimination is not valid evidence in court then there is no basis for the fine. In court I’d think he would not be required to answer in the affirmative if the judge asks him if the car would have started on the day the ticket was issued.

Make sure in the future the car will start though.

[richards72chevy]

I have been in this situation when I lived in California.I don't have a problem with the enforcement of a law.But would they target a brand new Toyota with a dead battery?Why wasn't he told a law may be being broke and he had certain amount of time to fix it?My wife and I were pulled over on i40 once in Arkansas the officer said my truck looked like a drug dealers truck!We were stuck on the side of the highway for two hours waiting on a dog to come by and sniff my truck!I think a lot of people still have this stigma about old cars belonging to drug dealers.It kind of reminds me of the pest control commericial with the roach driving an old buick.