A HOMEOPER arrived home to see a traffic checkpoint blocking his driveway – he was arrested when he asked them to move.
The arrest led to a lawsuit against the police officer, who could have simply moved his patrol car.
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Davon Odum, a homeowner in Mount Kisco, New York, saw a traffic checkpoint set up by police in front of his home in August 2015.
According to New York lawyer Jason BassettA traffic checkpoint in New York is defined as a stretch of road that is blocked off by police to identify and arrest drivers who are driving under the influence of alcohol or drugs.
Odum noticed that Officer Samuel S. Fagin’s police cruiser was blocking his driveway and politely asked the officer to move the vehicle.
The situation quickly escalated and Davon, Johannes and John Odum were arrested for disorderly conduct, obstruction of government administration, third-degree assault and resisting arrest, according to lohud.com.
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The Odums took Fagin, two other officers and the Department of Public Safety to court two years later.
They also appealed to the Westchester Police Department and Westchester County.
The family argued that they were victims of excessive police force and wrongful arrest.
They also claimed that they were illegally detained.
A judge ruled in favor of the Odums, ordering the Department of Public Safety to pay each victim $12,500, including attorney fees, after a two-month trial.
In total, the plaintiffs owed the family a total of $37,500.
What turned the case against the department, the county and the officers was the excessive use of force, as a police officer is legally protected from road closure laws when responding to a call.
House Notebook, a YouTube channel (@Home notebook) specializing in the property rights of homeowners, analyzed the complicated topic in a recent video.
“In the event of an emergency, such as a medical crisis, a fire, or a crime in progress, the police have the right to block your driveway,” the video states.
“The urgency of these situations sometimes demands quick action, and sometimes that means temporarily blocking a private entrance to ensure public safety.”
Why is it illegal to block a driveway?
Blocking a driveway is illegal in the United States due to limiting access to emergency care.
In addition to being reckless, blocking a driveway is a serious safety hazard, cops say.
Blocking someone’s entryway is illegal in all 50 states, with fines and penalties varying by state.
For example, blocking a driveway in San Francisco, California can net a driver a hefty $286 towing fee and a $110 fine.
This does not include food to recover the vehicle from an impound lot, which costs on average more than $600.
In an emergency, a blocked entrance can mean the difference between life and death for a patient.
“In the United States, it is illegal to block a driveway, even your own,” says Parklio’s website.
“It’s a matter of public safety: emergency services like fire trucks, ambulances or police cars need this space to enter and exit.
“An obstructed driveway can also prevent vehicles from getting out onto the road to seek emergency services.”
Source: San Francisco Police Department, Parquelio
However, the video stated that if the police do not respond to a call, things could get legally complicated.
“If there is no immediate threat of danger and the police do not have a warrant or probable cause, it is a completely different story,” the video continues.
“In such situations, blocking your driveway may be viewed as a violation of your private property rights.”
In Odum’s case, the officer blocked the entrance to his private garage to enforce a traffic checkpoint.
Although it was not an emergency, it can be argued that the officer was legally within his rights to block the driveway.
However, the officer’s reaction to being asked to move the patrol car is what caused the judge to rule in favor of the Odums.
This story originally appeared on The-sun.com read the full story
