When Is A Cop Not A Cop

Depend on locality

Police procedures vary with the locale. In NYS, unmarked cars are sometimes used for traffic enforcement but they have enough hidden lights to pass for Christmas trees and the officer is in uniform. We've had several cases of bogus cops pulling motorists over to commit rape, robbery, kidnapping or a car-jacking.

To my knowledge ( I could be wrong, here) but I think we have a state regulation applicable to all police departments in the state that unmarked cars used in routine traffic enforcement must be manned by someone in uniform.

I will not pull over for a guy in civilian clothes and with a portable bubble light on his roof.
 
I've been full time LE for over 20 years, but I go to great lengths to not allow my job to cross over into my time with my family. Example: I make a point of staying out of my jurisdiction whenever I'm on my own time. That alone goes a long towards me not finding myself in a situation where I'd feel compelled to intervene. To me, it seems best to leave such matters to the guys who are on duty, in their jurisdiction, and in uniform.
 
Here I'n Texas, where I'm at. We have vehicles that are ghost marked. Have only a small about 5 inch sticker that says police by the lower front fenders, black on black but does reflect at night if you're beside me. No overhead lights. But light the world up when turned on if possible i wait on lit up places to light them up. No problems really. If they want to drive for an extra mile. O well. Maybe they won't to feel safe, maybe try to hide stuff i don't care. I know of officers here I'n street clothes who only flash a badge when needed. I think bad idea but they always operate that way. I live 7 miles from work, next town. Don't try to intervene off duty but i will or help each Dept here if on or off duty.
 
Trooper Savage

Yes Conn. Trooper, I will never forget that day. I really didn't even want to look and I knew what the results would be, but I had to feel for a pulse. That sight, seconds after the incident, and the big orange pen are forever in my mind. And once I settled down all I could think was, "What a f***ing waste for a lousy speeding ticket!" Now that it's over 20 years later I can say I remember a couple of Litchfield troopers confirming that they felt the same as I did about unmarked cars making traffic stops and wouldn't mind if I spoke what they couldn't. Early the next morning my boss called me to say he had a very irate call from a certain out-of-state commissioner because I had expressed my opinion to the Courant. I asked my boss if he was upset and he basically said, "hell no, I agree with you 100%"

I wanted to attend Jim's service but I did not want to lend any controversy to it at such a delicate time. Citizens all have opinions, some good some bad, but they have no idea what the job is really like. The heartbreak far outweighs the times you are able to do something good for people.

Be safe, fellow officers!
 
I think California requires any and all traffic stops to be made by "black and whites," which is the color of all California marked cars (or was?) Let me know if I'm wrong John or Ponch. ;)
 
In California, only a marked vehicle can legally conduct a traffic stop. A marked vehicle doesn't need to be a black & white (specifically, all the CVC requires is markings on both sides and a red light). Note that there are CODE 3 equipped bicycles that can legally be used for traffic stops (i.e. a "POLICE" sticker on both sides and a red light).

So, I don't think an unmarked vehicle could legally be used for a traffic stop, though I suppose they are, on occasion, in unusual circumstances.

There is no legal requirement for the driver of a marked law enforcement vehicle to be in uniform, although this may be covered under the department's policy.

Although crimes involving impersonation of a peace officer certainly occur, fortunately in the U.S. they are rare enough that I don't think it would be a legal defense for failing to yield on a traffic stop involving a marked vehicle.

For an unmarked or plainclothes stop, I think some good, defensible strategies would be:

- Activating hazard lights and driving slowly to a well-lit, public place;

- Refusing to roll down the windows more than a crack, giving ID, and requesting a marked unit with a uniformed officer be dispatched;

- Using a cell phone to call 911 and verify that the officer conducting a traffic stop is legitimate.

There is no provision in the California Vehicle Code for driving a unmarked vehicle without license plates, regardless of agency, as far as I know.

The overwhelming majority of traffic stops are conducted by duly appointed public officials in the lawful execution of their duties, so I think it is unreasonable to assume otherwise. Evasion is not an acceptable strategy under these circumstances. Keep your mouth shut, use common sense, cooperate and be observant. If there is an abuse, consider it a money-making opportunity...
 
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The overwhelming majority of traffic stops are conducted by duly appointed public officials in the lawful execution of their duties, so I think it is unreasonable to assume otherwise. Evasion is not an acceptable strategy under these circumstances. Keep your mouth shut, use common sense, cooperate and be observant. If there is an abuse, consider it a money-making opportunity
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Huh???

Are you advocating taking it laying down from an LEO imposter, and then filing suit for damages? Twisted, to say the least.
 
No, I think my post speaks for itself, but to clarify, evasion (as suggested in your original post) is not a reasonable tactic when challenged by an unmarked vehicle, at least initially, because the chance of it being an impostor is vastly outweighed by the probability it is a LEO.

I mention filing suit in the event it is an illegal stop conducted by LEOs. The point is, most of the time, it will be a cop, and one should cooperate regardless.

If other indicators lead common sense to conclude that it is a criminal stop, then, perhaps, evasion becomes a reasonable option.

Time for me to go do some traffic stops. Please don't evade my funky (if legally marked) vehicle and my proper (if wrinkled) uniform...
 
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because the chance of it being an impostor is vastly outweighed by the probability it is a LEO.
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Sorry, R1145, that doesn't pass the reason test. The possible consequences of stopping for a police impersonator far outweigh those or refusing to stop for a real cop in an unmarked vehicle. Many years ago, this issue was addressed by a Virginia court, which ruled the defendant, a state representative, had no duty to stop for an unmarked vehicle and was justified in not doing so. That's Virginia. Could be different elsewhere. But I wager it can be successfully challenged anywhere in the U.S.
 
R1145

Ummm ... WHAT? It sounds to me like your putting an officer's ego ahead of a persons safety. I say NO!!! DO NOT!!! cooperate with someone your not sure of. I say BE SUSPICIOUS of anyone not in uniform, and not using a clearly marked police vehical.

Scroll back to some of the davice given by me, and other members... some of who are cops too. OK you say the the great majority of car stops are made by legitimate police officers... or as you put it "duly appointed public officials acting within their duties" So what?... So My wife sould go ahead and pull over for the sexual predator on tha back road to make sure she dont hurt some cops feelings?

Puh-leese man... did you think about that before typing it?

I think sometimes we forget who the police work for... They work for us... remember?
 
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Turn on your flashers, don't increase your speed or try to flee, and dial 911. You will know very soon if the guy is legit. Drive to a busy area, the most hardcore impersonator is not going to pull that bs in a busy 7-11.

Know what the police vehicles look like in your region. Know what color lights they use. If cops are blue, know that. If in doubt call 911, they will find out if the guy is legit.
 
We weren't supposed to make Traffic Stops in unmarked cars. We were to call a marked unit and let him make the stop. It had better be something important, Fail To Stop And Render Aid (wreck), DWI or other serious event. I never had it come up. I did go make stops for others who'd id'ed some serious violation.
I was sworn in as a Texas Cop in 1977, I guess I'll be some kinda Cop until they bury me.
 
Pretty good advice.

If I had pulled in behind someone and "lit 'em up" and they floored it I would probably decide they were running. If the person is genuinely concerned and turns on flashers and keeps a sedate speed until they get to a more public area I would understand, as would 95% of the cops I know.
I enjoyed the comment from one gentleman who said something to the effect of not forgetting who the cops work for, they work for us. My personal answer to people who pulled that tired garbage on me was to hand them a nickel and tell them that was their portion of my salary for the year. Sir, you should never forget that the cop who works the streets pays a house payment and taxes and a water bill just like you do. He probably pays the same amount toward Police services that you do. He/she is definitely working to keep you safe and sound and to stand between you and imminent danger of harm. If need be the cop will put personal safety out of mind and stand between you and danger. I have been, after 40+ years in public safety, been honored to know personally 34 Police Officers who gave their lives to keep the world a better place for you and your family to be. I was shot in 1980 while chasing a burglar on foot at 2am. But I will tell you that "works for us" has other meanings beside the one you used. We don't work "FOR" you. In most cases you aren't qualified to tell us how to do our job. Our job dictates that we be brave even when scared out of our wits, just like you would be. Our job teaches us that if anyone has to get hurt it needs to be one of us and not you or your family. There are muttonheads out there who like to pretend they are cops and they try to stop you. If you ever see one of them get stopped by the real cops and follow his case you'll see that we take that very seriously. We will patrol and do anything else we can to prevent that from happening.
I'll add another bit of advice... if you're in an area where you know where the Police department is drive to that location before you stop. Or if you are driving to a safe place and see another police car flash your lights and honk your horn if the one behind you suddenly tiurns the lights off.
We aren't the enemy.
 
A lot of people have advised calling 911 to verify that it's really an officer. What if you're alone in the car? Are you gonna get an expensive ticket for using a cell phone while driving?
 
R1145 said:
In California, only a marked vehicle can legally conduct a traffic stop.
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Did they change the CVC?

In California, any police vehicle may initiate a vehicular stop. However, police units use for traffic enforcement must be painted with contrasting colors, display the agency's name and agency emblem on the door.

As a practical matter, most agencies I'm aware of discourage using unmarked units to perform car stops for vehicle code violations. A stop might be initiated due to suspected prostitution, drug or other crimes however. If an unmarked it stopping you for a traffic infraction, it should be a real whizzer of a boneheaded move.

Back circa 1973 I had this happen to me. A local agency lost a patrol unit to a T/C so the officer that night was driving their "utility" vehicle -- a 1972 Ford Ranchero ...with faux wood paneling on the sides no less. About 00:20 I'm on my way home from the girlfriend's house (in the cold) in a 1961 Ford. He decides to stop me for a tail-light out. 1/2 block from an intersection, he lights me up as I signal for a right turn. I finish the turn and in the mirror notice the "Ranchero" outline. ***? The lights are a pair of reds in the grill, one higher than the other. That's all I could see (No ambers, no rotators). I went slowly down the block and put on the right signal again. After about 1/2 mile, no siren. Hmmmmmmm. I turned right on an arterial, continued for 2 blocks, turned right again. No spotlight, no siren. Back onto the original highway again (speed aprox 25mph) I followed this loop twice more before a marked unit showed up. Extracted from the car by voice commands, proned out, cuffed & stuffed. Neither officer was understanding, neither was willing to listen to my reply to "what did you think this was, a circus?" After 90 minutes I was released. After 120 minutes I was filling out the I/A complaint and talking to the watch commander (who understood).

Driving in a 1 to 3 block "circle" at or below the speed limit certainly negates the "evasion" argument. It also keeps you in the same area for responding support units to find a spot to "intercept" the action. Using 4-way flashers is a good idea (my car was not equipped) too.
 
Most of this discussion has been about unmarked cars and plain clothed officers. Unfortunately, there individuals out there who use fake cruisers and uniforms. Case in point.

In Arkansas a number of years reports were coming in about a marked uniformed deputy stopping women on secluded roads and rapeing them. The perp was caught when he passed a Deputy who did not recognize him and the jig was up.

Investigation revealed that the individual had purchased a used police Crown Vic equiped it with lights, siren and appropriate decals. He had purchased his uniform and insignia through a mail order house.

I don't remember how many victums there were but the number 18 stands out.

Prior to him being caught, The law enforcement community recommended that women not stop until they were in a safe place.

The good part of the problem was that LEO Management excised good leadership and instructed their officers not to attempt a stop unless the contact could be made in a lighted occupied location. Or with mutiple units. These instructions saved a lot of hate and discontent.

I think in this day and age all LEO's should make stops only in that manner. This will not only protect the public from impersonators but will protect the officers as well.
 
QUOTE: R1145:
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In California, only a marked vehicle can legally conduct a traffic stop. A marked vehicle doesn't need to be a black & white (specifically, all the CVC requires is markings on both sides and a red light). Note that there are CODE 3 equipped bicycles that can legally be used for traffic stops (i.e. a "POLICE" sticker on both sides and a red light).
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One of my brothers, a Chief of Police in a small Texas town, drove an unmarked vehicle, but still had his law enforcement shirt, on, badge and his
45 handgun, told me, when I asked him about pulling cars over with it, that
he could stop anyone, even outside his jurisdiction, if he saw a crime being committed, but could not make traffic stop for breaking the speed limit. If he saw someone run a stop sign he could stop them. His town was so small
they have only one or two regular police cars, and one unmarked one.
Quite often these small town police make calls in neighboring towns by arrangement when one of them is not able to respond. He did not like it
when State Troopers would work speed traps inside city limits but did not like to work any accidents. The real aggressive ones that stop lots of traffic violaters I have noticed, are the State Troopers.
 
One of my brothers, a Chief of Police in a small Texas town, drove an unmarked vehicle, but still had his law enforcement shirt, on, badge and his
45 handgun
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What, no pants? That must be a sight to violators just passing through for the first time. Must be a graduate of the Aggie College of Law 'n Order...
 
Good advice.

itc that is pretty good advice. The only problem is that no pln survbives contact with rea;ity. It is seldom possible to choreograph a traffic stop...the folks getting stopped will drive on, pull to the left, stop in an alley or a back parking lot. ou imagine it and they will do it. Getting on the PA to tell them where to stop seldom works because some smart-alec drunk will pretend he's deaf.
 
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