Do I Have to Comply with a Plainclothes Officer During a Traffic Stop?
If you are driving in or around Indianapolis and a police car or an unmarked vehicle signals for you to pull over, are you required to stop? And if that vehicle is in fact an unmarked police vehicle, are you required to comply with any instructions or orders from a person who identifies themselves as a police officer or another type of law enforcement officer during the traffic stop? It will depend on the circumstances, which we will discuss in more detail below. However, it is important to know that, in general, you cannot be arrested in Indiana after a traffic stop when the law enforcement officer is driving an unmarked police vehicle and is not wearing a distinctive uniform or badge of authority. Consider the following information.
Indiana Law on Arrests or Summons by Plainclothes Officers in Unmarked Vehicles
Under IC 9-30-2-2, unless the charge is for a specific type of reckless driving, “a law enforcement officer may not arrest or issue a traffic information and summons to a person for a violation of an Indiana law regulating the use and operating of a motor vehicle on a highway or an ordinance of a city or town regulating the use and operation of a motor vehicle on a highway” unless one of the following is true:
- Officer is “wearing a distinctive uniform and a badge of authority,” or
- Officer is “operating a motor vehicle that is clearly marked as a police vehicle.”
In other words, if the officer is a plainclothes officer or a clear badge of authority and is not operating a “clearly marked” police vehicle, it may be unlawful for that officer to issue a ticket or to conduct an arrest. The statute further clarifies that the officer must appear “to casual observations to be an officer or a police vehicle.”
What Does Plainclothes Actually Mean in Practice?
The Indiana Court of Appeals recently heard a case addressing what it means for an officer to be in plainclothes, or more specifically to be “wearing a distinctive uniform and a badge of authority.” In Cassity v. State (2023), the Court of Appeals of Indiana, the case involved a traffic stop and subsequent drug-related arrest by a plainclothes officer in an unmarked car, except the officer was wearing “a black vest with the word ‘POLICE’ written in white letters on his chest” over his regular clothes, which included jeans and a black sweatshirt.
The court ruled that this type of vest is not sufficient to satisfy the requirement under IC 9-30-2-2 and clarified that an officer’s clothing must “bear the officer’s name, police department, or any other logo or distinguishing feature” in addition to identifying the officer as a member of the police. In Cassity, the court also explained that the “distinctive uniform” requirement is not met when a plainclothes officer has “all of the various accoutrements common to police uniforms,” such as a taser, a firearm, a flashlight, a pen and pad, and a radio transponder, when those can be purchased by a civilian.
Contact a Criminal Defense Attorney Representing Clients in Indianapolis, Indiana
If you were pulled over in a traffic stop by a plainclothes officer who subsequently arrested you for a drug offense, an OWI or impaired driving offense, or another type of crime under the Indiana Code, it is important to know that the stop may not have been lawful. Further, if you are facing any enhancements or specific charges related to failure to comply with a law enforcement officer during a traffic stop, you may have been fully within your rights to refuse to comply with orders from a plainclothes officer. To find out more about your rights in a traffic stop and defending against any criminal charges you are currently facing, you should get in touch with one of the experienced Indianapolis criminal defense lawyers at Rigney Law LLC for assistance. Contact our firm today to learn more about how we can help with your defense.
Source:
caselaw.findlaw.com/court/in-court-of-appeals/115394878.html