We are grateful for our law enforcement personnel who sacrifice their lives every day to protect our rights and our safety. As citizens, we expect police officers to be honest, respectful and non-judgmental figures in society, so that we can trust that they will carry out their duties responsibly.
But sometimes a police officer can exhibit overconfidence and carry out personal agendas that are not necessarily a positive contribution to our communities. A common example of this is off-duty police officers and unmarked police vehicles. Read on to learn your rights as a citizen if you are stopped by an off-duty police officer in an unmarked vehicle.
Out of order and unmarked
Have you ever been stopped by a police vehicle without identification? They seem to look like any other normal vehicle on the road and all of a sudden you see their flashing lights and sirens in your rear view mirror. Unmarked police cars serve a purpose and are used in various types of routine investigations and applications. So if a police officer on duty stops you at one, then they are legally detaining you. However, if you were stopped by an off-duty police officer in an unmarked and non-uniform vehicle, the situation changes.
According to Indiana Code § 9-30-2-2:
A law enforcement officer who is out of hours and drives in a vehicle without identification does not have the authority to stop someone and issue a citation or ticket.
Consequently, any evidence gathered by the police officer during an unauthorized stop is suppressible and carries no weight in a court of law. Many drivers have had their citations and tickets revoked under these circumstances, after an attorney successfully presented his argument regarding this Indiana Code.
How to contest an illegal ticket
It is important to understand the limits of a police officer’s authority and when and where he has jurisdiction. In this way, you can find out whether a ticket is legally issued or not. If this has ever happened to you, you may want to consider challenging it or removing the violation entirely. Talk to an expungement attorney to see if you qualify.
Remember, an off-duty officer in an unmarked vehicle has just as much right to stop you as you have the right to stop the car in front of you. So if a cop coming home from work wants to stop you, keep this in mind. But of course, never keep driving. It is best to stop and speak to the police officer. Don’t argue, accept the ticket, and then immediately call a defense attorney when you get home.