Can cops speed without their lights/siren on?

[bglaze]

I got pulled over on Monday for speeding, and I video recorded it, because I did not think it was a valid stop. I was passing an unmarked police car to merge into a lane that was quickly being funneled from two to one lane on Kilgore road in Muncie. I had the choice to speed up to get in front of the unmarked squad car or slow down and cause a lot of cars to break quickly. I chose the former, since it felt much more safe. And even then, I don't believe I exceeded the speed limit.

Anyway, the officer that came to my window saw me (I presume) remove my seat belt, and then asked me, kind of sarcastically, "You don't like wearing your seat belt, huh?" This officer's name was Lenny Popp. I had removed it to get into my glove box to retrieve my registration which he had asked me for. FYI, I was not cited for a seat belt violation.

Anyway, the officer that came back to my car after writing the ticket was a different officer--Officer Conatser. He was very nice. In fact, after watching the video back, I kind of feel like I was a bit too rude to him. Essentially, he said he was ticketing me for going 55 in a 30.

Since I didn't feel like I was traveling nearly that fast, I asked if they had a "gun reading" (which probably isn't the correct terminology) to prove that I was speeding. He said no, but that they were going 50, and I passed them. I immediately asked him why he was going 20 mile an hour over the speed limit. He responded, "Because we're police officers."

After informing him that he was being recorded, he then said that they were responding to a call. Nevertheless, their lights were NOT on until long after I had passed them, and they were lighting ME up to pull me over.

When I got home, I found out that Indiana State law states that Police Officers, unless they have their lights and sirens on, must abide by all traffic laws. As of posting this, I cannot seem to find the link to this code again (maybe someone else knows where that is?). But I did talk to Muncie Police Captain, Joe Todd, who confirmed this.

The police who stopped me were not Muncie Police, however. They were county police. I have filed a request to their Captain Rick Richmond, and he said he would get back with me in one or two days, but he has not responded yet. My request to him was that this ticket be lifted, since, even if I was caught speeding, the police were acquiring that information illegally, since they admit to have been speeding themselves clearly on this video.

However, I am no lawyer, and I may end up just having to go to the court hearing in January. But I hope to get it resolved sooner, so I don't have to take off work that day.

Anyway, this is not meant to start a cop bashing thread. I do not have any ill feelings towards these officers. However, I do think I was wrongfully charged.

I would like others' opinions, though. Even from other cops. Watch this video and tell me what you think. Am I insane and totally off base? Or do I have a point?

FYI, if this is inappropriate for this forum, please feel free to remove it. I didn't know where else to post.

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[Brandon]

i am not a lawyer, but i think you killed your case when you said "why were you going 20 over when i passed you".

that right there says you were speeding. i guess at that point since you have admitted to speeding, doesn't much matter what the cops say?
good luck either way.

[bglaze]

Originally Posted by Brandon

i am not a lawyer, but i think you killed your case when you said "why were you going 20 over when i passed you".

that right there says you were speeding. i guess at that point since you have admitted to speeding, doesn't much matter what the cops say?
good luck either way.

I see your point. But the thing is, I really don't think I was going that fast at all. I was merely asking him, why was he going 20 mph over the speed limit?

The thing is, an officer cannot just go breaking into all the cars that are parked on the street until he finds one with drugs. If he DOES find drugs, that evidence has to be thrown out, because he was illegally entering that vehicle (or so I have always believed). So, if the only way the officer knows that I am breaking the law (allegedly) is that HE is breaking the law. I don't see how that can be valid in court.

Again, I am no lawyer, and I may have no case here.

[IndyGunworks]

I think you have a very valid case/point, however i think it will end up expensive to fight it.

[bglaze]

Originally Posted by Brandon

i am not a lawyer, but i think you killed your case when you said "why were you going 20 over when i passed you".

Also, that is not an accurate quote of what I said. When he said he was doing 50. I merely said, "Why were you going 20 mile an hour over the speed limit."

I don't believe I ever admitted guilt in this video, because I honestly did not believe I was guilty then or now.

[IndyGunworks]

after watching the video i thought it was pretty funny the way you called him back to the car to "thank him" for the ticket

[bglaze]

Originally Posted by IndyGunworks

I think you have a very valid case/point, however i think it will end up expensive to fight it.

Well, I don't plan on fighting it with any other power other than showing up to my court date with this video and the laws in my hands. If the judge says I'm S.O.L, then I will just pay the ticket, even though I don't accept guilt.

[bglaze]

Originally Posted by IndyGunworks

after watching the video i thought it was pretty funny the way you called him back to the car to "thank him" for the ticket

Hah, at the end of the video is when I am embarrassed about what I said. I was nervous, and I really was just dragging it out longer than I should have.

[Bunnykid68]

If they were on a call why did they take the time to pull you over?

[Brandon]

Originally Posted by bglaze

Also, that is not an accurate quote of what I said. When he said he was doing 50. I merely said, "Why were you going 20 mile an hour over the speed limit."

I was passing an unmarked police car to merge into a lane that was quickly being funneled from two to one lane on Kilgore road in Muncie. I had the choice to speed up to get in front of the unmarked squad car or slow down and cause a lot of cars to break quickly. I chose the former, since it felt much more safe.

this could be a hard one to fight.