Your Rights in a Traffic Stop Involving an Unmarked Police Vehicle
For any driver in the Indianapolis area, it is crucial to know your rights during a traffic stop. You have various rights under the Fourth and Fifth amendments to the US Constitution. A law enforcement official cannot conduct a search of your vehicle or a search of your person without a valid warrant or probable cause, for example, and you do not have to consent when you are asked if you are willing to allow a law enforcement officer to search your trunk or any other part of your car. In addition, you have certain rights under Indiana state law when you are stopped by an unmarked police vehicle. Although stops involving unmarked cars are not as common as those involving marked law enforcement vehicles, these types of stops do occur.
If you are stopped by an unmarked car, do you need to stop? Can a law enforcement officer in an unmarked car arrest you or conduct a warrantless search of your vehicle? An Indianapolis criminal defense attorney at Rigney Law LLC can tell you more.
Indiana Law Limits Ability for Law Enforcement Officers in Unmarked Vehicles to Make an Arrest or Issue a Traffic Summons
Under IC 9-30-2-2, “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 operation 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 at the time of the arrest” one of the following is true, which “will clearly show the officer or the officer’s vehicle to casual observations to be an officer or a police vehicle”:
- Law enforcement officer is “wearing a distinctive uniform and a badge of authority”; or
- Law enforcement officer is “operating a motor vehicle that is clearly marked as a police vehicle.”
In simpler terms, a law enforcement officer cannot make an arrest or issue a traffic summons for a violation of Indiana law or a city ordinance unless they are either in a marked police vehicle or clearly in a law enforcement uniform with a badge. Accordingly, if you are stopped by an unmarked vehicle, IC 9-30-2-2 says that you cannot face an arrest or be issued a ticket or summons if the law enforcement officer is not “wearing a distinctive uniform and a badge of authority.” There are, however, exceptions to know about.
When a Law Enforcement Officer in an Unmarked Car Who is Not Wearing a Police Uniform Can Make an Arrest: Exceptions to Know About
If you are stopped by an unmarked police vehicle and the officer is not clearly wearing a law enforcement uniform with a badge, that law enforcement officer can still make an arrest or issue a summons under certain circumstances that are exceptions to the rule discussed above. Those exceptions include any of the following circumstances:
- A uniformed officer is present at the time of the arrest; or
- Law enforcement officer in an unmarked car who is not wearing a law enforcement uniform is making an arrest for a specific offense identified in Subsection (b)(2) of IC 9-30-2-2.
What are the specific offenses for which you can still be arrested? The Indiana Code lists the following violations:
- Reckless driving causing endangerment (IC 9-21-8-52(a)(1)(A));
- Recklessly passing a stopped school bus resulting in bodily injury (a Level 6 felony under IC 9-21-8-52(b));
- Recklessly passing a stopped school bus resulting in death (a Level 5 felony under IC 9-21-8-52(b)); or
- Operating a motor vehicle while intoxicated in a manner that endangers a person (a Class A misdemeanor under IC 9-30-5-2(b)).
Contact Our Indianapolis Criminal Defense Attorneys Today
Were you recently stopped by a law enforcement officer in the Indianapolis area who was in an unmarked vehicle? If the traffic stop resulted in your arrest and any kind of pending or current charges for a criminal offense under the Indiana Code, it is essential to seek legal advice to find out if the arrest was lawful under the circumstances. As we have discussed above, there are particular requirements for stops involving unmarked vehicles, and if the law enforcement officer was not in compliance with Indiana law, there may be options for getting the charges against you dropped. One of the experienced Indianapolis criminal defense lawyers at Rigney Law LLC can speak with you today to learn more about the details of your case and to discuss potential defense strategies based on the unmarked police car stop you experienced.
Source:
law.justia.com/codes/indiana/title-9/article-30/chapter-2/section-9-30-2-2/
