The email address cannot be subscribed. The State contends that the eluding statute, RCW 46.61.024, does not expressly incorporate the lettering or logo requirements of RCW 46.08.065. 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The video has stirred up some controversy, and amassed over 1.1 million views in the past few days. RCW 46.08.065(1). About midnight on September 7, 1997, a Whitman County deputy sheriff responded to a crime in progress emergency call. It does not require one or the other. RCW 46.37.190(5);  RCW 46.61.210. The plain language of RCW 46.61.024 expressly requires both a signal and a marked car. A man filmed himself flagging over a police officer for driving an unmarked vehicle in Grant County, Washington. The undercover exemption of RCW 46.08.065(1) waives the administrative marking requirement to permit the sheriff's department to operate unmarked cars for investigations. RCW 46.61.024 is a criminal statute. Unmarked police cars may be used in traffic surveillance operations such as speed traps. "Stop breaking the law A**hole! State v. Sunich, 76 Wash.App. The facts are undisputed. We may not read unwritten language into a statute. According to Oregon Public Broadcasting (OPB), federal officers have been using unmarked vehicles to detain protesters since “a least” July 14, following weeks of protesters attacking cops, vandalizing federal buildings, and repeatedly attempting to light police precincts on fire.. This may not be the result the Legislature intended by this statute, but it is nonetheless the result required by the present wording of the statute. A criminal statute that has two possible interpretations is strictly construed in favor of the defendant, especially if it carries a penalty of imprisonment. Internet Explorer 11 is no longer supported. State v. Hudson, 85 Wash.App. It is a felony to ignore an order or command to stop by a law enforcement officer in a marked police car. The question presented is whether the flashing lights and siren “appropriately marked” the undercover Bronco as a police vehicle, absent a police logo or lettering on the sides. The eluding statute expressly requires that the signal to stop come from a uniformed officer whose vehicle is appropriately marked showing it to be an official police vehicle. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. RCW 46.61.024. RCW 46.08.065. RCW 46.63.020;  City of Bremerton v. Spears, 134 Wash.2d 141, 150, 949 P.2d 347 (1998). The answer in Arkansas is yes, an officer can pull you over in an unmarked vehicle. State v. Bright, 129 Wash.2d 257, 265, 916 P.2d 922 (1996);  State v. Barajas, 88 Wash.App. We are constrained to therefore affirm the order of dismissal. Gavin Seim, who describes himself as a constitutional activist, recently filmed himself flagging over a police officer who was driving an unmarked car in Grant County, Wash. All public vehicles including police cars must be marked on the sides with identifying lettering or logo. 661, 666, 491 P.2d 262 (1971), review denied, 80 Wash.2d 1003 (1972). Unambiguous statutory language is not subject to interpretation;  the meaning is derived entirely from the subject matter and context. In Hudson, the police  car was clearly marked, but the court reversed a felony eluding conviction because there was no evidence that the officers were in uniform. The state law prohibiting the use of unmarked police cars (RCW 46.08.065) offers an exemption for the state police chief to use unmarked cars as "traffic control vehicles." We recommend using A police car (also called a police cruiser, police interceptor, patrol car, cop car, prowler, squad car, radio car, or radio motor patrol (RMP)) is a ground vehicle used by police for transportation during patrols and to enable them to respond to incidents and chases. Copyright © 2020 KABC-TV. Please try again. If you see an unmarked car, film or dial 911 and demand a marked police vehicle. On the heels of law enforcement gassing peaceful protesters at the White House Monday, a rogue force of armed unmarked militia has been patrolling Washington, D.C. … As crafted, HB 2830 forbids the use of anything that’s totally unmarked for traffic enforcement. Sergeant Kelley was in police uniform. State v. Contreras, 124 Wash.2d 741, 747, 880 P.2d 1000 (1994). Statutory construction involves a question of law which we review de novo. 401, 405, 932 P.2d 714 (1997). While the officer takes a defensive attitude when being asked for his ID, the citizen continues to assert his civil authority until the officer complies. That is the case here. FACT:RCW 46.08.065 Section 1 requires that a city or county police vehicle be clearly marked on both sides with lettering or a logo. As Sergeant Kelley approached, Mr. Ritts first braked hard, then took off at high speed. All Rights Reserved. Generally speaking, a police car is considered unmarked if it doesn't have fixed, visible flashing lights, a siren that emits a loud signal, or prominent markings that identify it as a police vehicle. Mr. Ritts' admission that he knew his pursuer was a law enforcement officer does not relieve the State of proving the elements of the eluding statute. If a driver has doubts whether a unmarked police car is pulling him over, he should drive slowly to a well-lit, crowded area, like a grocery store parking lot, and call 911, Francis said. The Bronco was equipped with alternating high beam and headlights (wig-wags), siren, red and blue strobe lights mounted at the top of the windshield and inside the front grill, and blue and yellow flashers in the rear window. Oregon Public Broadcasting reported that federal law enforcement officers had been “using unmarked vehicles to drive around downtown Portland and detain protesters” since at least 14 July. Undercover cars may pull you over. The trial court dismissed a charge of attempted felony eluding against Mark Ritts because the police car he attempted to elude was not “marked” with identifying lettering on the doors, although it was equipped with flashing lights and siren. In Trowbridge, relied on by the State, the statute was held satisfied when an unmarked vehicle actually gave chase after the signal to stop had been given by a uniformed officer whose vehicle was marked with the letters and stripes of an official police vehicle. He moved to dismiss the charge for failure to prove the signal to stop came from a marked police car. 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