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Lawful or unlawful traffic stop.


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There are powers other than the Road Traffic Act that don't require a police constable to be in uniform.

 

Might as well do away with S163 then. As I said (and as has been alluded to) we are not talking about intercepting armed robbers. We are talking about stopping a vehicle for a minor traffic infringement (I won't call it an "offence" because it is far from clear that any offence was committed). The "Rules of Engagement" for the two scenarios must be somewhat different.

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Hands off the steering wheel and featuring to other cars. Its clear that an offence was committed, but not in the officers interest to prosecute. And officer can still report an incident and investigate it.

The officer could have let it kids, gone to the office, got changed, and then arrived at your house to pursue it. I believe the op got the best outcome.

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As a lone female I'd be loathe to stop for an unmarked car and even more concerned about someone who didn't identify themselves immediately and allow me to verify that ID. I can quite easily envisage a situation where a bona fide police officer would consider me obstructive because I'd refuse point blank to do more than stop and crack a window open slightly until and unless I was absolutely sure who I was dealing with. It's something which I've had reason to think about and come to the conclusion I'd risk court rather than my safety.

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As a lone female I'd be loathe to stop for an unmarked car and even more concerned about someone who didn't identify themselves immediately and allow me to verify that ID. I can quite easily envisage a situation where a bona fide police officer would consider me obstructive because I'd refuse point blank to do more than stop and crack a window open slightly until and unless I was absolutely sure who I was dealing with. It's something which I've had reason to think about and come to the conclusion I'd risk court rather than my safety.

 

I agree with that. I would unlikely stop for an unmarked car unless somewhere with people around.

Nor would I deal with them until ID has been shown. And I would request ID if they didn't show it.

That said, once that is done, if i have done something wrong, i would be grateful for a telling off rather than a ticket.

Also even if they don't show ID, if i only get a telling off, i would just move on with my life.

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  • 3 months later...

Complaint partially upheld at appeal.

 

The police maintain the stop was lawful but cannot (will not) give me a reason for it, despite frequently using the word offence in their response.

 

However, it was found that the Officer’s attire, demeanour and knowledge of legislation was lacking and she is required to attend training before further involvement in road policing activities.

 

I have accepted their findings.

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