1. #1
    Forum Member

    Join Date
    Sep 2007
    Location
    boston
    Posts
    7

    rules for getting pulled over/ticketed

    thanks for all the replies to my last post. i have another question regarding myself. I was pulled over yesterday for not having my rear plate on (i was washing the car and took it off) an obvious error on my part and a just reason to be stopped...anyways the officer who pulled me over wasn't in uniform...he was in a patrol car but he was wearing slacks and a polo

    so i have a few questions (not that i'm gonna fight what he said about my plate) I just want to know what rules there are for officers pulling people over.

    1) does an officer need to be in uniform to give a ticket (speeding etc.)

    2) does an officer need to be wearing a hat to give a ticket (again speeding or otherwise. i've heard rumors that an officer must be wearing his hat to give tickets??? )

    3) can an off-duty officer (say he is on his way home) give a ticket...

    thanks much

  2. #2
    Forum Member

    Join Date
    Aug 2006
    Location
    NC
    Posts
    799
    1. no
    2. no
    3. yes

    If he wasn't wearing his uniform, wasn't wearing his hat and he was off duty and on his way home, if he couldn't have ticketed you, he wouldn't have.

  3. #3
    Forum Member

    Join Date
    Mar 2006
    Location
    East Coast
    Posts
    309
    I really wonder what people are thinking when they think you have to be in uniform or even worse have your hat on. I hate to tell you that the uniform and hat isn't what gives an officer his authority.

    Also. He doesn't even have to be in a police car. If he pulls up to you and waves you over and you were able to identify him as an officer, you better pull over.
    Last edited by Stare; 09-17-2007 at 08:25 PM.

  4. #4
    Deputy Sheriff
    pujolsfan146's Avatar
    Join Date
    Aug 2006
    Location
    Illinois
    Posts
    4,429
    1. no
    2. no
    3. yes
    Prov 17:17 A friend loveth at all times, and a brother is born for adversity.

  5. #5
    761.2 Miles Per Hour
    ASUMach1's Avatar
    Join Date
    Feb 2005
    Location
    Valley of the sun
    Posts
    516
    Glad you don't have to be wearing a hat for god sakes. My department doesn't issue hats as standard gear. We can buy one w/ our own money if we want one. Phew, all of those tickets I've written would have been thrown out of court. Dogged the bullet on that one.
    Caught in the action of kill or be killed, greater love hath no man than to lay down his life for his brother.

    RIP brother and sister officers who have made the ultimate sacrifice.

  6. #6
    Forum Member
    CruiserClass's Avatar
    Join Date
    Sep 2006
    Location
    Indianapolis IN
    Posts
    5,165
    In Indiana the officer has to be:

    1) In a marked police car

    -OR-

    2) In a police uniform

    to initiate a traffic stop. If another officer makes the stop, a out-of-uniform officer in an unmarked/personal car can still write a ticket.

  7. #7
    Corporal
    redbird07's Avatar
    Join Date
    Feb 2007
    Location
    Maryland
    Posts
    1,414
    No
    No. Are you really serious about the hat question. Sounds kinda stupid.
    Yes

  8. #8
    Forum Member
    GroundPounder01's Avatar
    Join Date
    Apr 2007
    Location
    Colorado
    Posts
    259
    Sounds like legit questions..

    You would be amazed at the myths floating around out in the John Q Publics mind.

  9. #9
    Forum Member

    Join Date
    Mar 2007
    Location
    Ohio
    Posts
    201
    Did he have his hat on? That is the question.

  10. #10
    Forum Member

    Join Date
    Sep 2007
    Location
    boston
    Posts
    7
    Quote Originally Posted by jthorpe View Post
    1. no
    2. no
    3. yes

    If he wasn't wearing his uniform, wasn't wearing his hat and he was off duty and on his way home, if he couldn't have ticketed you, he wouldn't have.
    he didn't give me a ticket, just told me to get the plate back on. you said no, no, yes but below you said that you said that if he wasn't in uniform, he couldn't have given me a ticket... are you saying that an officer without a uniform or hat or off duty can pull you over but not give a ticket? so then does the officer need to be in uniform or on duty to write a ticket???

  11. #11
    Cynical curmudgeon
    cgh6366's Avatar
    Join Date
    May 2007
    Location
    Seattle, WA
    Posts
    1,428
    Sabbx,

    You need to read the replies. This one answers it completely.

    Quote Originally Posted by Stare View Post
    I hate to tell you that the uniform and hat isn't what gives an officer his authority.
    *******

    Quote Originally Posted by saabx View Post
    he didn't give me a ticket, just told me to get the plate back on. you said no, no, yes but below you said that you said that if he wasn't in uniform, he couldn't have given me a ticket... are you saying that an officer without a uniform or hat or off duty can pull you over but not give a ticket? so then does the officer need to be in uniform or on duty to write a ticket???
    Laws vary from state to state, the officer from Indiana gave you the law there, that does not mean it applies to all states. In short, if you feel that the officer needed a uniform or hat on, mention it next time. I'm pretty sure you'll get a ticket and then you can ask a judge if he was supposed to be wearing a hat.
    "We're not in this business for the money. We're not in it for the excitement, and moments like this. Duty, honor, country, service, truth, and justice are good. But you can do that from behind a desk. In the end, you carry a gun and shield out into the field for the sole purpose of confronting the bad guys. The enemy. There is no other reason to be on the front lines." ~Nelson Demille

    If your story involves Peanut Butter and an animal - give up now!

  12. #12
    Forum Member

    Join Date
    Aug 2006
    Location
    NC
    Posts
    799
    Quote Originally Posted by saabx View Post
    he didn't give me a ticket, just told me to get the plate back on. you said no, no, yes but below you said that you said that if he wasn't in uniform, he couldn't have given me a ticket... are you saying that an officer without a uniform or hat or off duty can pull you over but not give a ticket? so then does the officer need to be in uniform or on duty to write a ticket???
    You're not understanding what I said. I said simply that if he couldn't do those things, he wouldn't have. You misunderstood my statement. I'm not sure about your state but here, they can write you whether they're in uniform or in a bathing suit, on or off duty.

  13. #13
    Forum Member

    Join Date
    Sep 2007
    Location
    boston
    Posts
    7
    oh ok, thanks that makes sense. i guess then officers here too can do traffic stops and write tickets on or off duty, with or without a uniform. thanks!

  14. #14
    Forum Member
    JLib72's Avatar
    Join Date
    Sep 2006
    Location
    DFW Metroplex
    Posts
    84
    Quote Originally Posted by redbird07 View Post
    Are you really serious about the hat question. Sounds kinda stupid.
    Believe it or not, here in Jersey, the NJSP SOP states troopers have to wear their hat when they initiate MV stops; they have no breast badge, only the one on their cover.

  15. #15
    Forum Member

    Join Date
    Aug 2006
    Location
    NC
    Posts
    799
    Quote Originally Posted by JLib72 View Post
    Believe it or not, here in Jersey, the NJSP SOP states troopers have to wear their hat when they initiate MV stops; they have no breast badge, only the one on their cover.
    That may be true from a policy standpoint but I can bet that it's not law in NJ.

  16. #16
    Forum Member
    KapsFB's Avatar
    Join Date
    May 2005
    Location
    Virginia
    Posts
    3,700
    Quote Originally Posted by Stare View Post
    I really wonder what people are thinking when they think you have to be in uniform or even worse have your hat on. I hate to tell you that the uniform and hat isn't what gives an officer his authority.

    Also. He doesn't even have to be in a police car. If he pulls up to you and waves you over and you were able to identify him as an officer, you better pull over.
    I'll have to disagree with this answer. There have been too many incidents where wannabees or worse yet, assailants, have used their POV's to make bogus stops either to satisfy some crazy fantasy, rob and/or assault (often times sexually) the victim naive enough to stop. An unmarked car with a plainclothes driver isn't enough. In fact, in any court in the land, such a stop may be successfully challenged even if the officer is legit. Either the vehicle or the officer should be clearly displaying the badge of authority. Waving a badge out the window is weak. How in the world can anyone clearly identify a legitimate officer that way?

    Plainclothes or off duty officers feeling compelled enough to make a traffic stop should request a marked unit to respond. Unless of course there are urgent circumstances.

    The hat question is rather dumb but I've heard of some agencies that require officers wear their hat whenever they get out of the car. Not to give authority to enforce; just a stupid policy.

    Our houses are protected by the good Lord and a gun.
    And you might meet 'em both if you show up here not welcome son.

  17. #17
    Relocation Expert
    madchiken's Avatar
    Join Date
    Aug 2004
    Location
    US
    Posts
    2,597
    For years (about 10 at least) depts have told people that if they dont feel safe stopping to drive SLOWLY to a well lit area, such as a gas station. They have also said to call 911 and the dispatchers can let them know that its a real police officer behind them. But then people started doing that with marked units with overheads... Yes waving a badge out the window is weak and I had an off duty deputy do that one day with his badge in his hand and I told him to pound sand. There is a big diffence between that and when a car lights up like a xmas tree with a siren!

    How are detectives or Feds to do traffic stops? Just follow the person until a marked unit is available? Or do the Feds need to call the locals? Im a Fed, the locals usually won't come out even after we have stopped the car...

  18. #18
    Forum Member
    KapsFB's Avatar
    Join Date
    May 2005
    Location
    Virginia
    Posts
    3,700
    Quote Originally Posted by madchiken View Post
    For years (about 10 at least) depts have told people that if they dont feel safe stopping to drive SLOWLY to a well lit area, such as a gas station. They have also said to call 911 and the dispatchers can let them know that its a real police officer behind them. But then people started doing that with marked units with overheads... Yes waving a badge out the window is weak and I had an off duty deputy do that one day with his badge in his hand and I told him to pound sand. There is a big diffence between that and when a car lights up like a xmas tree with a siren!

    How are detectives or Feds to do traffic stops? Just follow the person until a marked unit is available? Or do the Feds need to call the locals? Im a Fed, the locals usually won't come out even after we have stopped the car...
    Okay. What do you do if they don't stop? Give chase? You'll be calling the locals then anyway. You're right about any idiot who takes caution advise to the extreme and doesn't stop even for a marked vehicle. That's just plain stupidity. Plenty of that around. But what if someone keeps going away from an unmarked vehicle/ununiformed officer? You did it yourself. Can they be charged with Elluding? Get a marked unit out there asap. If it's a stop for a petty violation, then the Fed/Detective needs more work to do. If it's something more serious (reckless/DUI), you're going to want the marked unit there anyway. For backup if nothing else.

    You do have a good point insofar as a well equipped "x-mas tree" vehicle. Pretty easy to identify. Still, a local marked/uniformed unit should be dispatched as well. Everyone has a cell phone these days so the local on-duty guys are easy to reach. Can't imagine any department NOT responding to a serious offense (DUI, etc). Besides; most unmarked vehicles don't have cages. Don't know about you, but I'm not transporting anyone without a cage.
    Last edited by KapsFB; 09-18-2007 at 05:28 PM.

    Our houses are protected by the good Lord and a gun.
    And you might meet 'em both if you show up here not welcome son.

  19. #19
    Oh no, it's da Po-Po
    Blackdog F4i's Avatar
    Join Date
    May 2006
    Location
    Indiana
    Posts
    4,821
    Quote Originally Posted by CruiserClass View Post
    In Indiana the officer has to be:

    1) In a marked police car

    -OR-

    2) In a police uniform
    However the Staute does not state what is considered a "uniform". Our detectives have and do make stops in their "uniform" which is a polo shirt with department logo, weapon, badge, and cuffs.

    Also, we did have a STUPID, STUPID woman lead officers on a 7 block pursuit through downtown because someone told her that if she didn't feel comfortable, she could drive to a well lit area before stopping. There are two problems with that. 1. Downtown is well lit just about everywhere she led the pursuit (including PAST headquarters). 2. All but one of the units involved in the pursuit were fully marked city police cars with standard overhead light bars. Needless to say, she spent a night in lockup for Felony Resisting.
    "People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf." - George Orwell
    8541tactical.com - Ammo Wallets

  20. #20
    Forum Member

    Join Date
    Aug 2005
    Location
    Kennewick, WA
    Posts
    1,762
    Quote Originally Posted by madchiken View Post
    How are detectives or Feds to do traffic stops? Just follow the person until a marked unit is available? Or do the Feds need to call the locals? Im a Fed, the locals usually won't come out even after we have stopped the car...
    If you're a legit LEO and are being refused assistance from the local cops after an official request (e.g. "I'm Special Agent Tracy from the TLA, and I need assistance making a stop on a person I intend to arrest..."), I think you would be fully justified in having a personal chat with the local chief or sheriff. If the shoe were on the other foot, and you drove by one of their cops getting his butt handed to him by the side of the road, I think they would have a similar beef with you.
    Tim Dees, now writing as a plain old forum member, his superpowers lost to an encounter with gold kryptonite.

  21. #21
    Relocation Expert
    madchiken's Avatar
    Join Date
    Aug 2004
    Location
    US
    Posts
    2,597
    Quote Originally Posted by Tim Dees View Post
    If you're a legit LEO and are being refused assistance from the local cops after an official request (e.g. "I'm Special Agent Tracy from the TLA, and I need assistance making a stop on a person I intend to arrest..."), I think you would be fully justified in having a personal chat with the local chief or sheriff. If the shoe were on the other foot, and you drove by one of their cops getting his butt handed to him by the side of the road, I think they would have a similar beef with you.
    The local guys, state and county, are great! If they see us that is, but if we have to call for them (through our dispatch) they will only respond for crashes and DUI's.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Log in

Click here to log in or register