08/24/2026
PRIVATE PROPERTY, SPEED ENFORCEMENT & LAW ENFORCEMENT — LET’S CLEAR UP A FEW THINGS
We recently became aware of a social media post questioning whether a Roberts County Sheriff’s Deputy was legally allowed to park in the parking lot of a privately owned, currently unoccupied business.
We appreciate questions from the public, and this provides a good opportunity to explain what South Dakota law actually says; but also to explain a little about how modern law enforcement actually operates.
First, privately owned property does not automatically mean that anyone who enters the property is trespassing.
South Dakota's criminal trespass law, SDCL 22-35-6, addresses circumstances where a person knowingly enters or remains on property after notice against trespass has been given, including through signs, fencing/enclosure, or communication from the property owner or someone authorized by the owner.
In this particular situation, the parking lot was open and accessible from the roadway. There were no "No Trespassing" or "No Parking" signs, no gate or fence restricting access, and the Sheriff's Office has received no request from the property owner prohibiting law enforcement from being there.
South Dakota courts have also recognized that law enforcement officers performing lawful official duties may have authority to enter private property under appropriate circumstances.
It is also important to understand that private ownership and public accessibility are two different things. Many parking lots at businesses, stores, restaurants and other establishments are privately owned while remaining openly accessible to the public. Private ownership alone does not establish criminal trespass.
There was also an allegation that conducting speed enforcement from such a location would constitute "entrapment." That is incorrect.
Entrapment generally involves law enforcement inducing someone to commit an offense. A deputy observing traffic does not cause a driver to speed. Drivers remain responsible for obeying the posted speed limit regardless of whether they can see a patrol vehicle.
For clarity, the deputy involved indicated that he was not actively operating radar at the time and was completing work from his patrol vehicle.
And that brings us to something we think is worth talking about.
The dynamics of law enforcement have changed drastically in recent years.
The Roberts County Sheriff’s Office is responsible for providing law enforcement services across just over 1,100 square miles with limited staffing. That creates challenges, and those challenges have required us to adapt.
Today, a squad car isn't simply transportation from the Sheriff's Office to a call.
It is a mobile office.
Our deputies write reports, review information, complete paperwork, answer emails, receive calls, communicate with Dispatch, coordinate with neighboring law enforcement agencies and remain connected to the public — all from their patrol vehicles.
There is a reason for that.
If every deputy had to return to the Sheriff's Office every time they needed to complete paperwork or administrative work, that deputy could be many miles away when the next emergency call comes in.
Instead, they can find a safe place to park, open their computer and get some work done while remaining out in the communities they serve and ready to respond.
In this instance, that's exactly what the deputy said he was doing.
Think about your own workplace for a moment:
When was the last time someone walked up to your office chair and confronted you about what you were doing while you were working?
For many of our deputies, that office chair happens to be sitting behind the steering wheel of a patrol car.
We understand that a marked patrol vehicle parked somewhere may generate curiosity. You're absolutely allowed to wonder what we're doing. You're allowed to ask questions. You're even allowed to disagree with us.
But seeing a patrol vehicle parked alongside a building doesn't necessarily mean a deputy is "hiding" or running a "speed trap." Sometimes what you're seeing is simply a deputy trying to finish a report while remaining available for the next call.
We also want to clarify one statement made during the interaction. Referring to the parking lot as "public property" was not the best description. The property may certainly be privately owned. The more accurate distinction is that privately owned property can still be open and accessible to the public, and private ownership alone does not establish criminal trespass.
If the actual property owner contacts our office and requests that deputies not use their property for routine purposes, we will certainly have that conversation and respect legitimate property rights. Different considerations may apply when officers are responding to calls, investigating crimes, executing lawful process, handling emergencies, or otherwise performing duties authorized by law.
We expect our deputies to follow the law just as we expect the public to follow the law. We aren't above criticism, and we aren't above answering questions.
Questions are welcome. Disagreement is okay. But when questions about the law arise, we believe the best response is education, conversation and accurate information.
And maybe the next time you see one of our deputies sitting in a squad car with a laptop open, remember:
You might not be looking at a "speed trap." You might just be looking at their office.
Stay safe, Roberts County.
— Roberts County Sheriff's Office
