BEWARE: A new low in unmarked CHP Cruisers
10-25-2012, 01:42 PM
#21
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Keep in mind, if you were to fight a ticket in court by one of those "unmarked" cars, you'd probably win. In the vehicle code in CA CHP must be marked. Friend went through this a few years ago and they apparently didn't learn their lesson when he went to court and sued the CHP...and won!
10-25-2012, 01:54 PM
#22
Race Director
Keep in mind, if you were to fight a ticket in court by one of those "unmarked" cars, you'd probably win. In the vehicle code in CA CHP must be marked. Friend went through this a few years ago and they apparently didn't learn their lesson when he went to court and sued the CHP...and won!
10-25-2012, 02:00 PM
#23
Race Director
Keep in mind, if you were to fight a ticket in court by one of those "unmarked" cars, you'd probably win. In the vehicle code in CA CHP must be marked. Friend went through this a few years ago and they apparently didn't learn their lesson when he went to court and sued the CHP...and won!
My understanding is that CA law requires CHP cruisers for traffic enforcement to be marked. An exemption was passed a couple of years ago to allow unmarked cars for truck enforcement only. Apparently the CHP has been abusing the letter of the law - imagine that.
IIRC the basic law requiring marked cruisers for traffic enforcement dates back to the 1940s in the Caryl Chessman "red light bandit" case wherein he used a flashing red light on his personal vehicle to pull over women and rob and rape them.
CHP cruisers for traffic enforcement are legally required to be marked.
Edit - ref: CVC 40804(b)
Last edited by tuxnharley; 10-25-2012 at 02:40 PM. Reason: addl info
10-25-2012, 02:59 PM
#25
Instructor
Here is the paragraph:
The areas that I bolded are where it gets tricky. One would have to prove the main purpose of that vehicle (on that day) was traffic enforcement.
Other courts have decided that distinctive can just be a CHP logo on the door, and even black-on-black lettering.
40804.
(b) An officer arresting, or participating or assisting in the
arrest of, a person so charged while on duty for the exclusive or
main purpose of enforcing the provisions of Divisions 10 (commencing
with Section 20000) and 11 (commencing with Section 21000) is
incompetent as a witness if at the time of that arrest he was not
wearing a distinctive uniform, or was using a motor vehicle not
painted the distinctive color specified by the commissioner.
(b) An officer arresting, or participating or assisting in the
arrest of, a person so charged while on duty for the exclusive or
main purpose of enforcing the provisions of Divisions 10 (commencing
with Section 20000) and 11 (commencing with Section 21000) is
incompetent as a witness if at the time of that arrest he was not
wearing a distinctive uniform, or was using a motor vehicle not
painted the distinctive color specified by the commissioner.
Other courts have decided that distinctive can just be a CHP logo on the door, and even black-on-black lettering.
10-25-2012, 03:13 PM
#26
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PEople have been pulled over by cars and people that arent cops and got jacked...
the new modesto area car
10-25-2012, 03:22 PM
#27
Race Director
10-25-2012, 03:29 PM
#29
Race Director
10-25-2012, 03:39 PM
#31
Race Director
10-25-2012, 04:26 PM
#33
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I left law enforcement a few years ago if I remember correctly the clearly identified vs not, bottom line is they cannot charge you with a failure to stop if they are not clearly marked. I won’t swear to that I just remember something like that is there another LE or EX LE like me on here knows for sure?
10-25-2012, 04:40 PM
#34
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I left law enforcement a few years ago if I remember correctly the clearly identified vs not, bottom line is they cannot charge you with a failure to stop if they are not clearly marked. I won’t swear to that I just remember something like that is there another LE or EX LE like me on here knows for sure?
here is one google articel I just found...
(CNN) -- Someone who may be posing as a police officer is pulling cars over on Mississippi highways and then shooting drivers dead, authorities said.
After two such shootings this month, the Mississippi Bureau of Investigation is asking for the public's help to find the person.
The agency was receiving leads and processing forensic evidence, bureau spokesman Warren Strain said Tuesday.
John Champion, district attorney for the state's 17th District, said there were no good descriptions of a vehicle.
"Both of the shootings occurred in very remote areas," Champion told HLN's Vinnie Politan.
Authorities were asking citizens to be careful if they are pulled over and feel uneasy.
They advise drivers to call 911 and verify that a legitimate officer is pulling them over or drive to a well-lit, crowded place before stopping, actions permitted under Mississippi state law.
"The concern is that someone is posing as a law enforcement officer and that is how these vehicles end up on the side of the road," said MBI director Lt. Col. Larry Waggoner.
How you can make sure an officer is not an imposter
The first shooting occurred on May 8. Thomas Schlender, 74, was found dead about 1:30 a.m. in his car in the median of southbound Interstate 55 in Panola County.
On Friday, Lori Anne Carswell, 48, was found dead outside her car on the shoulder of Mississippi State Highway 713, in Tunica County, about 2:15 a.m.
The shootings took place about 55 miles apart, and the victims did not know each other, authorities said.
10-25-2012, 05:49 PM
#35
Le Mans Master
This is why I get on the freeway and cruise 2-3 over the limit. I let all the other speed demons go cop hunting for me. It's always a great laugh to see some idiot pulled over a few minutes after they've zipped past me at 80+.
10-25-2012, 06:00 PM
#36
Race Director
10-25-2012, 08:10 PM
#38
Safety Car
Just today I was taking an exit in my semi. A woman cut me off to get to the exit. I was passing an unmaked cruiser on the shoulder. She had an Obozo sticker so I honked at her so he would notice. Sure enough he lit her up. Had she not had the Obunghole sticker I would have let it slide and as he was doing paperwork he would havemissed it.
10-28-2012, 01:34 PM
#39
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