Unmarked Police Car? In Ohio, That Traffic Stop Might Be Illegal

“Article by Shannon Blankenship as originally published in Medium.com.”

It’s easy to assume that shows like NCIS or Law and Order are an accurate depiction of the law. They use language that makes legal situations feel extremely realistic.

These shows portray undercover agents driving in unmarked vehicles and not in uniform pulling someone over for a traffic stop. But, by the end of the interaction, the driver is in handcuffs. For the show’s sake, dramatization keeps viewers engaged. However, the reality is those situations are much different than what meets the eye.

Ohio Revised Code Section 4549.13 states:

“Any motor vehicle used by a member of the state highway patrol or by any other peace officer, while said officer is on duty for the exclusive or main purpose of enforcing the motor vehicle or traffic laws of this state, provided the offense is punishable as a misdemeanor, shall be marked in some distinctive manner or color and shall be equipped with, but need not necessarily have in operation at all times, at least one flashing, oscillating, or rotating colored light mounted outside on top of the vehicle. The superintendent of the state highway patrol shall specify what constitutes such a distinctive marking or color for the state highway patrol.”

In this situation, if Schneller had been weaving from the left side to the right side of the road, it would have given Captain Hilles enough reasonable suspicion to pull him over. But, because Schneller consistently drove on the left side, there is less certainty. For instance, he could have been trying to avoid a rough patch in the road or was momentarily distracted.

An officer must have specific and articulable facts for a traffic stop to be legal.

At this point in the case, witnesses would take the stand; however, Captain Hilles was marked as incompetent to testify. This is the second aspect of this case which is important to note.

Captain Hilles was in violation of R.C. 4549.13 because his vehicle was not properly marked. Since he did not meet the requirements of the revised code, his observations could not justify the traffic stop, which in turn made him inadmissible to testify.

While marked police cars are an important distinction for traffic stops, so is being in uniform.

Ohio Revised Code Section 4549.15 states:

“Every member of the state highway patrol and every other peace officer, while such officer is on duty for the exclusive or main purpose of enforcing motor vehicle or traffic laws of this state, provided the offense is punishable as a misdemeanor, shall wear a distinctive uniform. The superintendent of the patrol shall specify what constitutes such a distinctive uniform for the state highway patrol.”

The importance of knowing these laws goes beyond court cases. It also serves as a level of protection for people taking advantage of innocent people.

Amidst the heightened sensitivity surrounding deportation, CNN reported on three men who, in three separate states, disguised themselves as “ICE officers.” They used costumes and/or fake materials to assault their targeted victims.

This past January, in South Carolina, the victims of an illegal traffic stop recorded Sean-Michael Johnson pretending to be an officer. He allegedly berated and questioned their citizenship status. In the video, Johnson is seen yelling at them using profane language. Johnson continued by taking their keys and dangling them in the driver’s face.

Also, back in January, in North Carolina, Carl Thomas Bennett allegedly threatened a woman at a Motel 6. CNN reporters wrote “Police reports indicated that Bennett, 37, ‘threatened to deport the victim if she did not have sex with him,’ and ‘displayed a business card with a badge on it,’ according to WRAL.”

Just a month later in Philadelphia, Temple University student Aidan Steigelman and two others allegedly impersonated ICE agents attempting to enter a residence hall. The police were called 15 minutes later for reports of “suspicious men” outside of the local Insomnia Cookies.

While these three situations were all surrounding impersonations of ICE officers, pretending to be a law enforcement officer is a common and tactical measure to commit crimes.

In 2023, Cleveland native Andrew Alexander was driving home when was followed for 23 blocks before being pulled over, News 5 reporter Tara Morgan reported.

He pulled over after seeing the private vehicle initiate red and blue strobe lights. Morgan wrote, “at least four guys, as young as teens, wearing ski masks ordering him to put his hands out the window…they put him on the ground with handguns an AK-47-style gun.”

The article concluded with five similar robberies in Cleveland between March and April of 2023.

Situations like these happen unexpectedly, but they are not uncommon. The difference, as in most situations, is knowing your rights.

Laws surrounding marked police vehicles or uniform mandates are determined by each state. However, if you are unsure of or suspicious of the legitimacy of the person you’re talking to, below are your rights regardless of the state you’re in.

FAQs About Unmarked Police Cars in Ohio

Can unmarked police cars pull you over in Ohio?

In most cases, Ohio law requires traffic enforcement vehicles to be marked and equipped with external flashing lights. If the vehicle doesn’t meet these standards, the stop may not be valid.

Do I have to stop for an unmarked police car in Ohio?

If you are unsure whether a vehicle is a legitimate police car, Ohio law allows you to proceed cautiously to a well-lit or populated area before stopping. You should also call 911 to verify the stop.

What happens if an unmarked car stops me illegally?

If the stop was unlawful, any evidence collected could be challenged in court. An attorney may be able to get charges reduced or dismissed.

How can I tell if a traffic stop is legal?

Look for clear police markings, flashing lights, and uniformed officers. If these elements are missing, it may raise questions about the stop’s validity.

Are unmarked police cars ever allowed to stop drivers?

Unmarked vehicles in Ohio can be used for surveillance or investigations, but traffic enforcement is limited. Only marked vehicles with proper lights are legally permitted to enforce most traffic laws.

Call Fortress Law Today!

When in doubt, we are always here to answer your questions. While unmarked police cars and out of uniform police officers may be hiding, your rights should be in plain sight.