The Practice of Concealed Stops by Police Officers: A Closer Look

It is a common belief that police officers must always be visible to drivers when pulling them over for speeding. However, is this rule absolute, or can officers use hiding spots such as signs, shrubs, or other terrain features to catch speeders? This article will explore the legality and practice of concealed stops while discussing the nuances between entrapment and getting caught.

The Controversy Surrounding Hidden Stops

The idea behind the question is that drivers are somehow at a disadvantage if they cannot see a police car before speeding. However, while drivers do choose to speed, being "caught" does not constitute entrapment. Entrapment involves police actively encouraging or coercing a person to commit a crime; merely getting caught, due to one's own actions, is not entrapment. In essence, the drivers who continue to speed after passing a legal police presence are essentially asking for a ticket by their own admission.

Local Laws and the Flexibility in Practice

Regardless of what the locals believe, the reality is that police officers are allowed to use various hiding spots as they deem fit. This flexibility in practice allows officers to use tactics such as concealing themselves behind signs, shrubs, rocks, or even in natural terrain features to effectively catch speeding drivers. This approach can be particularly effective, as noticed drivers tend to drive more responsibly, while those who continue to speed make their infractions more obvious.

Legalities in Different Jurisdictions

The legality of concealed stops can vary between different jurisdictions. For example, in Virginia, there is no such regulation that requires officers to be in plain sight. When a motorist was pulled over and inquired about the location of the officer, the responding officer explained that they were positioned beside the highway behind some bushes. The driver argued that this violated a California law she was aware of through a friend. The officer countered that the California law was not applicable in Virginia.

During the citation writing process, the driver made a threatening comment, stating her hope that the officer likes it in jail. In court, she reaffirmed her stance, citing the California law. The judge, however, pointed out that the relevant law was Virginia's, not California's, and convicted her accordingly. This case underscores the importance of understanding local laws and legal rights when interacting with law enforcement.

Conclusion: Balancing Justice and Fairness

While the practice of concealed stops by law enforcement officers can be contentious, it is crucial to differentiate between these tactics and true entrapment. The key is transparency and adherence to local laws. Drivers have both the right and the responsibility to know the applicable traffic laws in their area and to drive safely at all times.

Understanding and respecting these practices can help ensure safer roads and more effective law enforcement. Whether police officers use signs, shrubs, rocks, or the natural terrain, their actions must align with local regulations to maintain public trust and the integrity of law enforcement.