Grayson County Trooper

[txinvestigator]

. . . So yeah, I think unmarked vehicles can make traffic stops.

I suppose they can . . . but if its unmarked, then by definition it isn't identifiable as a police vehicle.

Lets look at that;

Texas Tranportation Code
§ 541.201. VEHICLES. In this subtitle:
(1) "Authorized emergency vehicle" means:
(A) a fire department or police vehicle;



§ 545.156. VEHICLE APPROACHED BY AUTHORIZED EMERGENCY
VEHICLE. (a) On the immediate approach of an authorized emergency
vehicle using audible and visual signals that meet the requirements
of Sections 547.305 and 547.702, or of a police vehicle lawfully
using only an audible signal, an operator, unless otherwise
directed by a police officer, shall:
(1) yield the right-of-way;
(2) immediately drive to a position parallel to and as
close as possible to the right-hand edge or curb of the roadway
clear of any intersection; and
(3) stop and remain standing until the authorized
emergency vehicle has passed.

Nothing in the law requires that it be marked up in ANY fashion. You can be charged with Fail to Yield the ROW to an Emergency Vehicle if you fail to stop for an unmarked police vehicle.

Most officers will take into consideration if it was reasonable for you to be suspicious, and if you don't just attempt to ignore them.

[Xander]

. . . So yeah, I think unmarked vehicles can make traffic stops.

I suppose they can . . . but if its unmarked, then by definition it isn't identifiable as a police vehicle.

I disagree. Texas law specifically states the conditions under which red and blue lights can be displayed, and if a car behind you has emergency lights activated, it's as identifiable as a marked patrol car. Sure, impostors have used flashing lights before, but they've used fake marked patrol cars as well. Additionally, if you can get a look at their front license plate in your rear view mirror, even unmarked cars still often have exempt plates, something an impostor almost certainly won't have.

Beyond that, if when the officer approaches you and he or she isn't in uniform, if you still feel uncomfortable, you always have to option to only open the window a crack, and ask for a uniformed officer to be called.

-Xander

[KBCraig]

You can be charged with Fail to Yield the ROW to an Emergency Vehicle if you fail to stop for an unmarked police vehicle.

I think an adequate defense would consist of the many news articles about blue light rapists, in which an official police spokesman is always quoted, cautioning motorists faced with a vehicle displaying flashing lights but no markings, to drive slowly to a well-lighted public place before pulling over, and to call 911 if in doubt.

[txinvestigator]

You can be charged with Fail to Yield the ROW to an Emergency Vehicle if you fail to stop for an unmarked police vehicle.

I think an adequate defense would consist of the many news articles about blue light rapists, in which an official police spokesman is always quoted, cautioning motorists faced with a vehicle displaying flashing lights but no markings, to drive slowly to a well-lighted public place before pulling over, and to call 911 if in doubt.

perhaps, perhaps not.

[carlson1]

You can be charged with Fail to Yield the ROW to an Emergency Vehicle if you fail to stop for an unmarked police vehicle.

I think an adequate defense would consist of the many news articles about blue light rapists, in which an official police spokesman is always quoted, cautioning motorists faced with a vehicle displaying flashing lights but no markings, to drive slowly to a well-lighted public place before pulling over, and to call 911 if in doubt.

I even think it is safe to say you may be charged, but you WILL NOT BE CONVICTED! What press coverage.

I don't think you will be charged for failure to yield right of way if you get out of his way. Just turn, move over, etc. . . He goes around, if not going around then it now becomes a traffic stop in an unmarked unit.

[CHL/LEO]

I even think it is safe to say you may be charged, but you WILL NOT BE CONVICTED! What press coverage.

We've had individuals try this ploy and it didn't work. They got convicted anyway and they also knew all along what they were doing.

We've also had people honestly tell us that they wanted to get to a lighted area until they stopped and we're fine with that. It all depends upon the individual and circumstances surrounding the traffic stop.

[Humanphibian]

I have been pulled over by an unmarked vehicle before, with the lights hidden in the grill.

And my daughter got pulled over by a bicycle cop. No lights or nothing. He rode up, tapped on her window, and told her to pull over. She didn't believe him, so she didn't pull over. But she found out that bicycle cops have friends with cars, and lights... and guns too! A real learning experience, shall we say.

So yeah, I think unmarked vehicles can make traffic stops.

Must have been by the courthouse....they work Belknap and Weatherford from Throckmorton to Jones, everyday. They cite TONS of inspection, registration, Stoplight and seatbelt violations for vehicles. They also write their fair share of crosswalk violations for the pedestrians...and the funny part is many of the pedestrian violators are LEO's coming in for trials or other court business. Don't see too many of them getting "paper" though

[Humanphibian]

What ever happened to the girl that got caught "running" (more likely a FTYROW) from the TPWD Game Warden in the pickup....? I think it was last summer. IIRC she got taken down pretty hard when she finally pulled over at the house. Did they ever charge her,...or just drop it.

[srothstein]

I just wanted to point out that there is one department in the state that has a fleet of unmarked cars, and the only marked units are not police cars but the civilian fleet vehicles. TABC uses unmarked Crown Vic patrol cars for the agents with just a small red and blue light in the windshield and on the back deck. They also use pickups for the supervisors in the field. All of the cars have regular plates so that you cannot tell them as police vehicles at a glance. They can, and do, make traffic stops (with a few agents getting in trouble for too many stops).

AS CHL/LEO pointed out, the law requires you to stop for the vehicle displaying the red and blue (or just red for fire) lights. In most cases, if you signal your intent and pull over at the next safe or lighted place, no one will think badly of you. If you just ignore the car, you will hear the siren and see more cars fairly quickly. You will also get charged with evading (which is a felony) at that point. This may give you a defense since evading does require you to know it is a police officer.

I also wanted to round out the discussion with the point that many marked units cannot be told from the front when they are behind you. The markings are on the side, so you would not see them.

Worst of all is the cars I believe to be illegal but growing in popularity - the stealth marked cars with the markings on the side in the same color - but a very slightly different shade - as the car's paint job. I would love to see those explicitly banned since I think they are just for the money.

[CHL/LEO]

TABC uses unmarked Crown Vic patrol cars for the agents

You can always tell the TABC Crown Vics - they're the ones with very dark (illegally) tinted windows.

[txinvestigator]

AS CHL/LEO pointed out, the law requires you to stop for the vehicle displaying the red and blue (or just red for fire) lights. In most cases, if you signal your intent and pull over at the next safe or lighted place, no one will think badly of you. If you just ignore the car, you will hear the siren and see more cars fairly quickly. You will also get charged with evading (which is a felony) at that point. This may give you a defense since evading does require you to know it is a police officer.

According to the Texas Tranportation Code, 545.156, A police vehicle only need use an audible signal, with no light, or meet the lighting requirements of 547.305 and 547.702.

According to 547.702, police vehicles do not have to have red or blue lights. :)

Worst of all is the cars I believe to be illegal but growing in popularity - the stealth marked cars with the markings on the side in the same color - but a very slightly different shade - as the car's paint job. I would love to see those explicitly banned since I think they are just for the money.

What is illegal about that?

[srothstein]

Worst of all is the cars I believe to be illegal but growing in popularity - the stealth marked cars with the markings on the side in the same color - but a very slightly different shade - as the car's paint job. I would love to see those explicitly banned since I think they are just for the money.

What is illegal about that?

According to the transportation code, police cars must be marked in contrasting colors (actually all cars with exempt plates). Unmarked cars may get regular plates for use undercover. Back a few years ago, when there was a move to sell advertising space on patrol cars, there was an AG ruling that state law forbid any markings not expressly permitted on the car.

Since the car is not unmarked, and it is not contrasting colors, it is illegal, according to this ruling.

[Drifter]

Sooooo, what sage advice do I give my wife regarding what to do if she sees flashing lights behind her while driving on a rural road at night, miles from any lighted areas

[CHL/LEO]

Have her call 911 and ask the dispatcher if they have a unit currently attempting a traffic stop at her location.

[KBCraig]

Have her call 911 and ask the dispatcher if they have a unit currently attempting a traffic stop at her location.

The question was about "on a rural road at night, miles from any lighted areas".

"Texas" != "DFW".

In great big chunks of Texas, there is no "call 911" until you reach a pay phone in the afformentioned "lighted area". And even if you reach a 911 operator, there's no guarantee that that operator will have contact with the car behind you. Some of our DPS folks can elaborate, but their statewide system isn't always tied into the local 911 system, without jumping through some hoops.

And not everyone carries a cell phone at all times.

In this scenario, my personal recommendation is to slow to below the speed limit, turn on four-way flashers, wave out the window, and attempt to make contact through 911 if you have a cell phone with coverage. Continue until the next well lighted area, or until more unmistakable marked units arrive, whichever comes first.

Kevin