is there any way to check if a LEO is really on duty even though he is not in uniform

[45calibre]

in this video at 4:22 a guy in plain clothes comes up to the guys and shows an ID not a badge, in that circumstance how can you be sure he is really on duty and not power tripping? the guy asks him if he is on duty and the guy replies that he is.

[ame=http://www.youtube.com/watch?v=njb6X-nmW2M&feature=related]YouTube - One Good Cop[/ame]

 

[misconfig]

I'd ask to see a badge, how can you tell from an ID?

 

[45calibre]

how can you tell from a badge?

 

[downzero]

I would not pull over for someone in plain clothes. It is unprofessional for the police to even initiate a traffic stop from an unmarked car or without a uniformed officer present.

 

[45calibre]

I would not pull over for someone in plain clothes. It is unprofessional for the police to even initiate a traffic stop from an unmarked car or without a uniformed officer present.

they were walking i beleive. it was a war protest and they were walking across the country.

 

[IndyMonkey]

They are always on duty, there power doest stop at the time clock.

 

[Sureshot129]

In Indiana police cannot make a traffic stop unless they are IN uniform OR driving a distinctivley marked vehicle. Looking for the IC code now.

 

[45calibre]

waiting for a leo to chime in.

 

[downzero]

they were walking i beleive. it was a war protest and they were walking across the country.

So keep walking. The most important phrase you can ever utter is, "am I being detained or am I free to go now?"

I witnessed several, if not a dozen unlawful detentions in that video.

I am really proud of the way that ISP officer behaved at the end of the video. You could tell he wasn't interested in what they were doing at all, but he was polite and professional, did his job, and went on his way when he realized that there was no crime in progress.

It's an awful shame to see the way the police acted in most of those clips. It's like cops in America have nothing other than force and intimidation.

If I were them, I wouldn't have carried ID either. In most states, you don't have to provide any form of ID, just your name (unless you're driving).

This video is illustration that you should remember and use the phrase, "Officer, am I being detained or am I free to go now?" Without expressing that the detention is not voluntary, you'll have no fourth amendment claim later. And a good cop will recognize that the contact is not voluntary when you deliver this line.

 

[IndyMonkey]

In Indiana police cannot make a traffic stop unless they are IN uniform OR driving a distinctivley marked vehicle. Looking for the IC code now.

You should watch the video

 

[45calibre]

So keep walking. The most important phrase you can ever utter is, "am I being detained or am I free to go now?"

I witnessed several, if not a dozen unlawful detentions in that video.

I am really proud of the way that ISP officer behaved at the end of the video. You could tell he wasn't interested in what they were doing at all, but he was polite and professional, did his job, and went on his way when he realized that there was no crime in progress.

It's an awful shame to see the way the police acted in most of those clips. It's like cops in America have nothing other than force and intimidation.

If I were them, I wouldn't have carried ID either. In most states, you don't have to provide any form of ID, just your name (unless you're driving).

This video is illustration that you should remember and use the phrase, "Officer, am I being detained or am I free to go now?" Without expressing that the detention is not voluntary, you'll have no fourth amendment claim later. And a good cop will recognize that the contact is not voluntary when you deliver this line.

is this also for indiana?

 

[jp828108]

In Indiana police cannot make a traffic stop unless they are IN uniform OR driving a distinctivley marked vehicle. Looking for the IC code now.

if they were walking it wouldn't be considered a traffic stop would it?
and the last officer was excellent.....

 

[downzero]

is this also for indiana?

This is for everywhere in the USA or anywhere else where our constitution has power:

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Remember--a detention, even for a brief period of time, is a seizure of your person. The constitution protects your right against unreasonable seizures of your person--which means any suspicionless, involuntary detention.

 

[O2guy]

I had an email from my mom and I will research for it but the mobile phones have a number you can call and it will put you through to local dispatch and you can ask if there is an officer in the area.. I will check for the number as well

 

[SemperFiUSMC]

In Indiana, all full-time sworn officers (ISP, sheriff deputies, city / town police, constables) are on duty 24/7.

Other types of officers are treated differently. Special Deputies are only on-duty during working hours and at the specific locations they are authorized police powers as determined by the Sheriff that issues the credentials. Reserve officers duty status will depend on the department policy where they are assigned.

 

[downzero]

In Indiana police cannot make a traffic stop unless they are IN uniform OR driving a distinctivley marked vehicle. Looking for the IC code now.

If you find the cite, I'd love to see it.

 

[IndyMonkey]

If you find the cite, I'd love to see it.

He speaks the truth, it doesnt have anything to do with this thread because the guys were walking.

But you do not have to pull over for a police officer in an unmarked car out of uniform.

I would recommend calling 911 and tell them that some wanna be is following you and see how that plays out.

They might be on the other end with the officer.

 

[serpicostraight]

unless there was some editing done it seemed like all the police walked away when they refused to shut the camera off. does make me wonder why all of them except the last one seemed to have a problem with it and what the outcome might have been if they did turn it off.

 

[jbombelli]

If you find the cite, I'd love to see it.

Here you go:

IC 9-30-2-2
Uniform and badge; marked police vehicle
Sec. 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 an Indiana highway or an ordinance of a city or town regulating the use and operation of a motor vehicle on an Indiana highway unless at the time of the arrest the officer is:
(1) wearing a distinctive uniform and a badge of authority; or
(2) operating a motor vehicle that is clearly marked as a police vehicle;
that will clearly show the officer or the officer's vehicle to casual observations to be an officer or a police vehicle. This section does not apply to an officer making an arrest when there is a uniformed officer present at the time of the arrest.
As added by P.L.2-1991, SEC.18.


Now, in Maynard v. State (I think), it was held that if no contact between the officer and the defendant occurrs, that doesn't apply. For example, an officer views someone driving, and he knows for a fact that person's driving privileges were revoked. He can draft an information, probable cause affidavit, and a traffic ticket, and drop them off at the prosecutor's office for further action. In this type of situation, he wouldn't be performing a traffic stop.

Look what two minutes on Google reveals. Google is your friend.

 

[Blackhawk2001]

In Indiana, all full-time sworn officers (ISP, sheriff deputies, city / town police, constables) are on duty 24/7.

Other types of officers are treated differently. Special Deputies are only on-duty during working hours and at the specific locations they are authorized police powers as determined by the Sheriff that issues the credentials. Reserve officers duty status will depend on the department policy where they are assigned.

When I worked as a Special Deputy for the Marion County Sheriff's Office, I was officially a "non-merit police officer" with 24 hour police powers statewide as opposed to a "Commercial" (don't know if that's an official designation) Special Deputy whose police powers began and ended with his duty hours.

Don't know if that's true elsewhere, but I checked it out _most_ carefully at the time (1999-2005)