Re: Steve Foley: What is the law in CA re: stopping for unmarked vehicles?

[Nikki Stone 1]

I am referring to this thread in LBN:

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=102&topic_id=2492290&mesg_id=2492290

Basically, Foley and his girlfriend were tailed by an off duty cop in an unmarked vehicle a number of miles down a highway at 3AM. Foley did not stop for the cop and there was eventually a confrontation when Foley left the freeway. See the link below for details:


http://www.cnn.com/2006/US/09/03/nfl.shooting/index.html


I am not sure exactly what went down here, and coming from the city where Rodney King was pulled over, I have an instant suspicion of cases like this.

But my more practical question is this: Am I required to stop for an unmarked car if someone identifies himself as a police officer? There have been so many cases of criminals impersonating police to rape and murder women, and even some cases of bad cops doing the same thing. I would NEVER stop, especially on a freeway or a quiet residential street for an unmarked car, even if the guy claimed to be a cop. I have no way of knowing, outside of the vehicle itself, whether the guy is a real officer or not.

I also would be very suspicious of someone who had been tailing me on the freeway in an unmarked vehicle. When I was much younger, I remember traveling an LA freeway around eleven pm--I had been working late. Some car on the freeway started to tail me. I wasn't sure if he was really tailing me at first, so I sped up, slowed down, changed lanes, and sure enough the guy followed every move I made. I couldn't see the car at all from behind because of the glare of the headlights. I was very frightened, especially since there were reports of gang shootings on the freeway at that time. I had no idea what I was dealing with, and to an outside observer, I might have seemed to have been driving very erratically, since I was trying to shake the guy tailing me.

Eventually, I got off on a freeway exit where I knew there was a police station close by. I drove to that station with this guy still tailing me. (I say guy, but it could have been a woman--I couldn't see the person.) It wasn't until I drove into the police parking lot that the car sped off. I was really shaken.

Now, I had no way of seeing that vehicle, and after the kind of behavior that guy had exhibited, I wouldn't have stopped for him even if he had pulled up next to me and displayed a badge. I was too damned scared.

So are Californians required to stop for unmarked vehicles at night if someone flashes a badge?

[warrens]

1. No. Drive to the nearest police station

That is true in all states, I believe.

[cynatnite]

2. A uniformed cop told me to dial 911 on my cell phone...

if I'm unsure whether or not it's a real cop. He said they can track the car and let a person know.

[KurtNYC]

3. I'm not wild about this answer but it comes from a lawyer referral site

When the officer approaches your window, you may want to ask (with all the politeness you can muster) why you were stopped. If you are at all concerned that the person who stopped you is not actually a police officer (for example, if the car that pulled you over is unmarked), you should ask to see the officer's photo identification along with her badge. If you still have doubts, you can ask that the officer call a supervisor to the scene or you can request that you be allowed to follow the officer to a police station.

It would seem to me that after you have your window open and are stopped, it is bit late to find out the person who pulled you over is NOT a cop. I would swear that I remember from driving school that you are allowed to proceed slowly to well-lit area like a gas station or to the nearest police station.

You might try calling your local police station if you really want the best answer (call their 10-digit number -- NOT 911 of course)

[tjwash]

4. Most cops know...

...that if they are off duty, in their personal vehicle, not in uniform and it's the middle of the night, and they STILL pull someone over that all bets are off and that they are basically taking their life into their own hands.

This whole thing is very strange, as there are more unanswered questions than answered questions here. For instance; what was an off duty cop doing just "driving around" at 3 in the morning?

[DeSwiss]

5. The "driving erratically" dodge...

...used by most cops is a euphemism for: "I need some bullshit reason for this person's civil rights I'm about to violate."

An "off-duty" cop, who is patrolling "20 miles outside his jurisdiction" pulls over Foley for "driving erratically?" Bullshit.

Unmarked cop cars are unmarked so that they can supposedly surveil undetected. Of course most people can pick out these "unmarked" cars easily from the radio antennas, the grill separating the front from the rear, the blackwall tires and/or the "hidden" lights easily seen through the grill of most cars.

But the fact is that all these indicators that they MAY be the police can readily be purchased by anyone. Calling 911 and/or driving to a police station is recommended if someone in an unmarked car tries to pull you over.

[Nikki Stone 1]

6. Thanks for the responses. I am still worried

about what to do. And mystified about Foley. But the suggestion to call 911 is a good one.

[WinkyDink]

7. I sure as blazes would NOT STOP. And I'd sue later, if I were arrested.

[Nikki Stone 1]

8. If they didn't shoot you first

Foley should sue