Our team can help you prove that you were unsure of the car and its occupants, whether you felt threatened or were looking for a safe place to stop your vehicle. If you need help explaining why you didn`t stop immediately and didn`t intend to dodge the police or their vehicle, we`ll hear your story and help you fight the sentences for a conviction in Pennsylvania. The IRRC noted that the phrase “authorize the use of unmarked vehicles for law enforcement” also appears in § 42.2. The State Police replaced the words “for law enforcement” with “by police officers” to replace 75 Pa.C.S. to better match. Section 3328 of the IRRC also considered whether there is a legal or constitutional basis for asserting in the Regulations that non-compliance with Chapter 42 does not affect the legality of an arrest or summons, nor is it a ground for the suppression of evidence. The U.S. Supreme Court has ruled that violation of an order does not require the removal of evidence. See United States v. Caceres, 440 U.
P. 741 (1979); see also United States v. Hinton, 222 F.3d 666, 674-75 (2000). In Commonwealth v. Thill, 612 A.2d 1043 (Pa. Super. 1992), the State Superior Court ruled that the removal of a breathalyzer test result was the appropriate remedy for the regulatory requirements, as the legal requirements of the Vehicle Code made compliance with the order mandatory for eligibility. In stark contrast, nothing in 75 Pa.C.S. § 3328 points out that the General Assembly intended to remedy a violation of these regulations on unmarked vehicles by suppressing evidence or rejecting criminal charges. The IRRC considers that the corrective measure to be imposed is a political decision of such an important nature that it requires legislative review. The State Police agrees that this is a key political issue and has amended article 42.2 to provide that non-compliance does not affect the lawfulness of arrest or summons, nor is it grounds for the suppression of evidence, unless required by law or constitutional law.
(a) Stop alleged offences while driving an unmarked police vehicle. Police officers responding to alleged offences must attempt to determine the safest place available to the police officer and motorist, which is consistent with the need for immediate action. Police officers take into account road and weather conditions, terrain, lighting, traffic and the nature of the offence. The police officer should also try to choose a location that provides a sense of security for both the driver and the police officer. In some cases, if you have the ability, you can even call your lawyer and ask what to do. If you are able to reach your lawyer, in many cases the lawyer can speak to the police to check who they are. Some states stipulate that all officers driving unmarked vehicles must wear an official police uniform. Some States add that all plainclothes officers may carry out roadside checks only if they are driving a fully marked police vehicle. Some police services believe that patrolling in unmarked police cars is important for road safety and automobile safety. But not all states allow officers to conduct traffic stops in unmarked police cars. Some states even prohibit patrolling unmarked cars.
Here are the unmarked rules on police cars broken down by state. The IRRC noted that this article defines the terms “marked police vehicle” and “unmarked police vehicle”, while in the main part of the chapter, the terms “marked unit” and “unmarked vehicle” are used. The State Police has amended §§ 42.21 and 42.22 to use the defined terms. Even in unmarked vehicles, an officer often has a light and/or siren on. The light will be placed on top of the unmarked vehicle in the same way as a marked police vehicle, and the siren should sound consistently with a marked police cruiser. Several other states allow police officers in unmarked vehicles to stop traffic in an emergency. In many of these states, the police officer in question must suspect that a crime is being committed or about to be committed. In other states, the police officer must believe that public safety is at risk. (3) Establish requirements for the wearing of an official police uniform and the affixing of an official police card. Therefore, you should take every precaution by dialing 911, asking officers for more information and their ID, and simply telling them, “I don`t know if you`re an officer, I`m afraid, can you please call your sergeant or lieutenant at the crime scene,” and they are held, according to police protocol, a cruiser labeled with uniformed officers and/or their sergeant or lieutenant, who is available that evening to call the crime scene to verify exactly what is going on. You have the right to ask for it, and most lawyers recommend doing so. We also understand the fear that this can entail, especially if the car is not marked and the lights and sirens seem unknown.
When our team takes care of your criminal defense, we do the following to build your defense and help you avoid harsh penalties: If you or a family member has been stopped in Philadelphia by an unmarked police vehicle, our criminal defense team can help you fight any resulting criminal charges.