Off duty vehicle stops?????

[RickD427]

Please, correct me if I'm wrong. But, I was always under the impression that for traffic stops that the officer had to be in a marked patrol car.

In order to work traffic the car must be marked as per CA Vehicle Code. A LEO in an unmarked car may not be assigned to traffic but may act if he sees a violation. If you get a ticket from and unmarked car and he didn't radio for a traffic car to come loan him a ticket book you might be able to argue that he was working traffic in an unmarked car and get the ticket dismissed.

Gents,

Please check out Vehicle Code section 40800(a). There is no requirement that an officer must be in a marked unit in order to enforce traffic laws. The only requirement to use a marked vehicle is where the officer's "exclusive or main purpose" is the enforcement of traffic laws.

An officer operating an unmarked unit is free to enforce traffic laws incidental to other duties. He/she can carry a ticket book. No need to call another to provide one.

Any motion to dismiss a traffic charge based on a purported violation of could easily be defeated either by showing that the officer performed other, non-traffic, duties during their shift.

[teg33]

I never see a plain clothes cop stop someone for traffic offense but I did see couple times, LEO in plain clothes stop person (s) of interest which usually nothing to do with traffic violations

[IlDuche]

I never see a plain clothes cop stop someone for traffic offense but I did see couple times, LEO in plain clothes stop person (s) of interest which usually nothing to do with traffic violations

You didn't see it because we were so sneaky.

I'm telling you. We did it. I did it. Yes we wanted other things besides a ticket. We did not write tickets. But if a person did a traffic violation that warranted a stop from us, it happened. And with luck a good arrest would follow.

Yes. Unmarked cars can pull over for traffic violations. Can- key word. Yes off duties in their unmarked cars can also effect stops dependent on agency policy.

[IlDuche]

Oh, and on the inial posting that it was unsafe, the person might say they didn't know.

Pulling over any car is unsafe. People flee from black and whites just as much as unmarked cars. If the person failed to pull over then either we chase or we don't. People say things all the time. "I didn't do nothing." "These aren't my pants." "I didn't know you were cops." And sometimes they win in court. Sometimes they don't. A)whether a case is won or lost makes no difference to me. I get paid the same. B)if a car is showing a solid red and sounding a siren you should stop. If you don't believe it is a cop then signal your intention to stop and do so in a lit and visible place. Don't make it a chase. If you are concerned I'm not a real cop ask to see my police ID. My star will already be visible.

Done.

[teg33]

You didn't see it because we were so sneaky.

I'm telling you. We did it. I did it. Yes we wanted other things besides a ticket. We did not write tickets. But if a person did a traffic violation that warranted a stop from us, it happened. And with luck a good arrest would follow.

Yes. Unmarked cars can pull over for traffic violations. Can- key word. Yes off duties in their unmarked cars can also effect stops dependent on agency policy.

Hush..... Keep it low man, now everyone will jump into conclusions that LEO are sneaky and gready to wanted something's else other that mere traffic ticket

[IlDuche]

Hush..... Keep it low man, now everyone will jump into conclusions that LEO are sneaky and gready to wanted something's else other that mere traffic ticket

Blast! I mean, no, I love to just write tickets and uh coffee and donuts and Andy Griffith!

I'll revise...I want to get real bad guys! Not the one rock caper. Real bad dudes!

[tyrist]

OP got pulled over by a plain clothes detective/officer and is ranting...

If he got pulled over by an Officer who is off duty he must have been doing some really dangerous driving.

[Sutterduckhunter]

Gents,

Please check out Vehicle Code section 40800(a). There is no requirement that an officer must be in a marked unit in order to enforce traffic laws. The only requirement to use a marked vehicle is where the officer's "exclusive or main purpose" is the enforcement of traffic laws.

An officer operating an unmarked unit is free to enforce traffic laws incidental to other duties. He/she can carry a ticket book. No need to call another to provide one.

Any motion to dismiss a traffic charge based on a purported violation of could easily be defeated either by showing that the officer performed other, non-traffic, duties during their shift.

Jackpot! I concur with this information.

[IlDuche]

Soooo where'd OP go?

[OneNcustdy]

I worked detective for a little over 5 years, pulled up next to a car with the passenger mean mugging me. I was going home letting it go until he decided to produce a 22oz Coors light while still mean mugging me like I owed him money. I merely looked up said "thank you Lord" and conducted an enforcement stop. I stubbed both the driver and the passenger and told them I looked forward to seeing them in court.

So yeah I have done stops in my unmarked in plain clothes with my badge on the belt next to my firearm.

As the saying goes, Play stupid games, win stupid prizes.