Legal Question in Traffic Law in California

Is it legal in SanBernardino county to conduct a traffic stop in the I-10 fwy while in a personal car and not in uniform?

Asked on 2/12/13, 8:08 pm

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1 Answer from Attorneys

Seth Weinstein Law Offices of Seth Weinstein

The Vehicle Code prohibits unmarked vehicles being used for traffic enforcement if the unit's primary focus is traffic enforcement. It is unlikely that the Deputy is in a unit whose primary focus is traffic enforcement. Nothing would prevent the Deputy from conducting a traffic stop providing he identified himself as a peace officer.

Generally, Deputies should not conduct traffic stops unless it is a felony or misdemeanor offense.

Seth Weinstein, Esq.

Practicing throughout Southern California

(310) 707-7131

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Answered on 2/18/13, 11:03 am

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