poncho70

sfmc98 July 16, 2012 @ 11:54 p.m.

Actually, this isn't correct. Private property open to the public carries no prohibition against police using it for enforcement purposes. And no probable cause is required for him to enter upon property open to the public.

Also an officer is allowed a fair amount of leeway in enforcing the law, which can include violating vehicle code sections the public is subject to. Meaning, he can likely block the sidewalk.

Now, If the owner or his agent doesn't want the officer there, I suppose he could demand he leave. However, a lessee of a business on the premises doesn't have the same authority over the entire parking lot.

1

Oscar_the_Grouch July 25, 2012 @ 4:48 p.m.

Has anyone been by the bagel sty. Armster is a tenant. He has no right to tell anyone to get out of the parking lot. If he had an issue with the motor cop, he needs to go through his property management. I can not see the property management telling the Sherif Department to stay way.

1

Oscar_the_Grouch July 20, 2012 @ 10:57 p.m.

Steve Amster, owner of Garden State Bagels in Encinitas, is an idiot. Amster is a tenant in the strip mall. He had no authority to tell the motorcycle officer to leave. As a consumer, I will never visit his bagel shop. People like him have no respect for the law. When his bagel shop gets robbed, who is he going to call? His friends, neighbors, and customers? I can't believe the reader printed this trash. It is one sided.

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