In the state's usage refers to cars with flashing yellow lights meant to direct traffic through highway work zones or accident sites. Undercover sheriff's office and police vehicles are exempt from this requirement. Unmarked police cars may be used in traffic surveillance operations such as speed traps. Your question refers to Washington state law. RCW 46.08.065. Demonstrators have also decried the use of excess force by police, and law enforcement has responded to many protests by using force. The court's statutory interpretation was correct. When any emergency vehicle displays emergency signals, drivers must yield and stop. Gavin Seim, who describes himself as a constitutional activist, recently filmed himself flagging over a police officer who was driving an unmarked car in Grant County, Wash. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. 661, 666, 491 P.2d 262 (1971), review denied, 80 Wash.2d 1003 (1972). RCW 46.37.190(5);  RCW 46.61.210. However, the criminal statute cannot be read to waive the requirement that the police vehicle be marked. A criminal statute that has two possible interpretations is strictly construed in favor of the defendant, especially if it carries a penalty of imprisonment. It is a felony to ignore an order or command to stop by a law enforcement officer in a marked police car. Support the BLUE. All Rights Reserved. According to Oregon Public Broadcasting (OPB), federal officers have been using unmarked vehicles to detain protesters since “a least” July 14, following weeks of protesters attacking cops, vandalizing federal buildings, and repeatedly attempting to light police precincts on fire.. Google Chrome, Statutes are to be construed so as to avoid rendering any word or provision meaningless. CALL the WSP and demand they mark their cars: (360) 596-4000. When asked by a reporter how motorists can be sure an unmarked car is indeed a law enforcement officer, Portland, Oregon Police Sgt. When a city is exempted, police officers are permitted to patrol in unmarked vehicles and to pull you over from an unmarked vehicle. We affirm. State v. Bright, 129 Wash.2d 257, 265, 916 P.2d 922 (1996);  State v. Barajas, 88 Wash.App. This is contrary to what a lot of people believe in Counties such as Kitsap, Pierce, Mason and Jefferson. RCW 46.37.190(4);  RCW 46.37.380(2);  WAC 204-88-030(1);  WAC 204-88-060(1). The cop seems partly amused, partly in disbelief as Seim asks him for identification. By Aditi Mukherji, JD on July 30, 2013 10:34 AM A dumb street racer was arrested after he pulled up alongside an unmarked state trooper's vehicle in Washington state, flashed a peace sign, and tried to race the officer. Rep. The State contends that the eluding statute, RCW 46.61.024, does not expressly incorporate the lettering or logo requirements of RCW 46.08.065. It would not need the lights on top or the markings all around. FACT:RCW 46.08.065 Section 1 requires that a city or county police vehicle be clearly marked on both sides with lettering or a logo. To read the full RCW, click here. That is the case here. The incident has brought a number of issues with law enforcement to light, and among them is the fact that police use of unmarked cars, such as the one driven by Hirzel, is illegal under Washington law. Unmarked police cars in New York state may stop motor vehicles whose drivers are suspected of penal law violations, such as having an outstanding arrest warrant or whose behavior presents a clear threat to public safety. If you are concerned that you were stopped in this manner by someone not authorized to do so (police impersonators have been known to do this) you should call 911 and get the dispatcher to confirm whether the apparent emergency vehicle is … "That's not ID, sir," Seim counters. The advice seems hardly consoling to those who have had their loved ones victimized by police impersonators. Mr. Ritts was charged with attempting to elude a police officer in violation of RCW 46.61.024. Unmarked police are out there so be careful. State v. Trowbridge, 49 Wash.App. We may not read unwritten language into a statute. 202, 206, 884 P.2d 1 (1994). "Stop breaking the law A**hole! Even though the officers' clothing would not have been discernable at the point when the defendant fled, all the elements of the statute were still required to be proved. RCW 46.61.024 is a criminal statute. However, violation of RCW 46.61.210 is a civil infraction, not a criminal offense. Oregon Public Broadcasting reported that federal law enforcement officers had been “using unmarked vehicles to drive around downtown Portland and detain protesters” since at least 14 July. The state law prohibiting the use of unmarked police cars (RCW 46.08.065) offers an exemption for the state police chief to use unmarked cars as "traffic control vehicles." In theory, the proposed law was intended to crack down on high-speed chases. It was not “marked” with lettering or a logo on the doors. RCW 46.08.065 states the Washington State Patrol (WSP) is allowed to use unmarked vehicles for general undercover or confidential investigative purposes and traffic control under the discretion of the Chief. He radioed to Sergeant Kelley, who was following in an unmarked green Ford Bronco, to get the license plate number. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The statutory language includes no exception for unmarked undercover vehicles, with or without flashing lights. Appropriate marking is described in RCW 46.08.065 as identifying lettering or logo. WAC 204-88-060(2). The facts are undisputed. In Trowbridge, relied on by the State, the statute was held satisfied when an unmarked vehicle actually gave chase after the signal to stop had been given by a uniformed officer whose vehicle was marked with the letters and stripes of an official police vehicle. The video has stirred up some controversy, and amassed over 1.1 million views in the past few days. He moved to dismiss the charge for failure to prove the signal to stop came from a marked police car. Sergeant Kelley was in police uniform. 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The question presented is whether the flashing lights and siren “appropriately marked” the undercover Bronco as a police vehicle, absent a police logo or lettering on the sides. However, the police officer must have reason to suspect that you have committed, are committing, or are about to commit a crime or a traffic violation. Undercover cars may pull you over. The undercover vehicle pursuing Mr. Ritts was not appropriately marked as a police vehicle. All public vehicles including police cars must be marked on the sides with identifying lettering or logo. So instead of being visible and giving people the sense of safety and possibly preventing danger of any sort, these unmarked cars sit an WAIT for something bad to happen, instead of possibly preventing danger, and or illegal activity by simply being clearly visible and marked. If either the presence of signaling equipment or the nature of the signal itself renders a police vehicle appropriately marked, the language requiring appropriate identifying marking is superfluous. After about two miles with Sergeant Kelley driving about 75 yards behind Mr. Ritts, doing about 95 m.p.h., Mr. Ritts and his passenger abandoned the truck in a field and ran. Microsoft Edge. As crafted, HB 2830 forbids the use of anything that’s totally unmarked for traffic enforcement. 401, 405, 932 P.2d 714 (1997). En route to the scene, Deputy Chapman observed Mark Ritts' white pickup-the only other vehicle on the road-driving away from the scene in the opposite lane. RCW 46.63.020;  City of Bremerton v. Spears, 134 Wash.2d 141, 150, 949 P.2d 347 (1998). All emergency vehicles, not just police cars, are equipped with and may display emergency lights and siren. "This is my ID right here," the officer says, pointing to the police patch on his uniform. The Story Behind Bill Barr’s Unmarked Federal Agents. It is a class C felony to willfully fail to immediately stop and to drive recklessly after receiving a visual or audible signal to stop from a uniformed police officer whose vehicle is “appropriately marked showing it to be an official police vehicle.”  RCW 46.61.024. Stay up-to-date with FindLaw's newsletter for legal professionals. State v. Sunich, 76 Wash.App. RCW 46.08.065(1). This may not be the result the Legislature intended by this statute, but it is nonetheless the result required by the present wording of the statute. Statutory construction involves a question of law which we review de novo. State v. Hudson, 85 Wash.App. The police pulled me over in an unmarked civilian undercover car with no identification marks that this is a police vehicle. Copyright © 2020 KABC-TV. There is nothing illegal about that. Moreover, the Bronco, as an undercover sheriff's vehicle, was exempt from the marking requirements of RCW 46.08.065. State v. Lively, 130 Wash.2d 1, 14, 921 P.2d 1035 (1996);  State v. Fitzpatrick, 5 Wash.App. Washington DC, New Mexico, & Montana State Laws On Police Cars. Firefox, or The dismissal rests on the trial court's construction of RCW 46.61.024. State v. Malone, 106 Wash.2d 607, 610, 724 P.2d 364 (1986). All rights reserved. The court agreed that Sergeant Kelley's unmarked Bronco did not meet the statutory requirement that the police vehicle be “appropriately marked showing it to be an official police vehicle.” Concluding that the State did not prove the elements of RCW 46.61.024, the court dismissed the charge. I felt that whoever this was pulling beside me is endangering both mine and my families lives. Although the Bronco's emergency lights, including a blue light, were flashing, the statute requires a signal to stop by a uniformed officer whose vehicle is marked. While the officer takes a defensive attitude when being asked for his ID, the citizen continues to assert his civil authority until the officer complies. So that's the law for being pulled over by an unmarked car. The Washington State Patrol’s Aggressive Driving Apprehension Team (ADAT) The passenger later admitted he and Mr. Ritts saw the officer behind them, got scared and fled. Federal Officers Use Unmarked Vehicles To Grab People In Portland, DHS Confirms Agents are deployed in the Oregon city amid anti-police … 360, 362, 742 P.2d 1254 (1987). RCW 46.61.024. Sergeant Kelley turned around and gave chase. If you see an unmarked car, film or dial 911 and demand a marked police vehicle. On the heels of law enforcement gassing peaceful protesters at the White House Monday, a rogue force of armed unmarked militia has been patrolling Washington, D.C. … The court agreed that Sergeant Kelley's unmarked Bronco did not meet the statutory requirement that the police vehicle be “appropriately marked showing it to be an official police vehicle.”   Concluding that the State did not prove the elements of RCW 46.61.024, the court dismissed the charge. Therefore, the State failed to prove the elements of RCW 46.61.024. Georgia law allows for the use of unmarked vehicles, but stipulates that issuing citations or conducting traffic stops as an unmarked vehicle cannot be the sole, full-time use of the vehicle. at 363, 742 P.2d 1254. STATE of Washington, Appellant, v. Mark Snowden RITTS, Respondent. Washington State Patrol, County Deputies and Local Police Agencies may patrol and pull over individuals when in unmarked cars. Because activation of its emergency equipment unmistakably identified the Bronco as a police vehicle, it was not possible for Mr. Ritts to mistake Sergeant Kelley's car for anything other than a police car. You can … The undercover exemption of RCW 46.08.065(1) waives the administrative marking requirement to permit the sheriff's department to operate unmarked cars for investigations. The car pulled beside me in the other lane and I proceeded to drive. Mr. Ritts' admission that he knew his pursuer was a law enforcement officer does not relieve the State of proving the elements of the eluding statute. If a driver has doubts whether a unmarked police car is pulling him over, he should drive slowly to a well-lit, crowded area, like a grocery store parking lot, and call 911, Francis said. A co-chair of the Spokane, Washington, chapter of the Democratic Socialists of America says unidentified law enforcement agents arrested him while he was walking to a Black Lives Matter protest last weekend, put him in an unmarked van and detained him for more than a day as federal agents attempted to interview him. Begin typing to search, use arrow keys to navigate, use enter to select. Only law enforcement vehicles may display blue lights. About midnight on September 7, 1997, a Whitman County deputy sheriff responded to a crime in progress emergency call. Pete Simpson, said their unmarked officers are driving "newer" cars and that the officers are wearing uniforms. Section 2, which applies to State Patrol vehicles, requires a conspicuous sticker in the rear window identifying it as an official State vehicle. Other than these, the usage of unmarked police vehicles by police officers is illegal. "In Washington we have unmarked police vehicles impersonating citizens. Unambiguous statutory language is not subject to interpretation;  the meaning is derived entirely from the subject matter and context. The email address cannot be subscribed. As Sergeant Kelley approached, Mr. Ritts first braked hard, then took off at high speed. The plain language of RCW 46.61.024 expressly requires both a signal and a marked car. Dumb Street Racer Busted After Racing Unmarked Police Car; Dumb Street Racer Busted After Racing Unmarked Police Car. That did not happen here. It is not uncommon for a fully uniformed officer to be utilizing an unmarked vehicle while working a gang unit, a crime suppression unit or some other form of investigations. A police car (also called a police cruiser, police interceptor, patrol car, cop car, prowler, squad car, radio car, or radio motor patrol (RMP)) is a ground vehicle used by police for transportation during patrols and to enable them to respond to incidents and chases. The eluding statute expressly requires that the signal to stop come from a uniformed officer whose vehicle is appropriately marked showing it to be an official police vehicle. Take a look below. Generally speaking, a police car is considered unmarked if it doesn't have fixed, visible flashing lights, a siren that emits a loud signal, or prominent markings that identify it as a police vehicle. The State concludes that the fact the Bronco was unmarked is thus irrelevant. The answer in Arkansas is yes, an officer can pull you over in an unmarked vehicle. law and order. It does not require one or the other. Please try again. We are constrained to therefore affirm the order of dismissal. A man filmed himself flagging over a police officer for driving an unmarked vehicle in Grant County, Washington. State v. Contreras, 124 Wash.2d 741, 747, 880 P.2d 1000 (1994). Internet Explorer 11 is no longer supported. 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