Washington Man Takes Unmarked Police Traffic Stops to Task

I interviewed Kevin Schmadeka about his progress in battling secret police tactics on his state's roads and highways.

Unmarked traffic enforcement police car. Courtesy: HQ News

(SACRAMENTO) - Every driver is potentially confronted with a traffic stop from an unmarked car with red lights. Police cars used in this revenue driving tactic look like other cars on the road; Ford Mustangs and Dodge Chargers are two commonly used models, and they are also driven every day by hundreds of thousands of non-cops. So what is a driver to do?

Photo courtesy: homagetoamerica.com

Washington resident Kevin Schmadeka says the cars are simply illegal, and he believes the use of unmarked cars creates a real hazard for motorists, by legitimizing the idea that any car on the road with a red light is a cop, it simply is not true.

New Jersey state troopers say in one month, they had three police impersonators pull over cars on a particular stretch of highway. In each case, the criminals driving unmarked cars were convincing, even wearing police tactical vests.

All types of police gear; lights and flashers and even sirens can easily be purchased, along with former police cars. They usually have the police bumper guards and spotlights still in place.

Unmarked Oregon State Police car photo by Tim King KATU/Salem-News.com

If you have watched YouTube over the years you see what happens to some people who choose not to pull over until reaching a safe public location, for the sole reason of personal safety. In some cases they are treated horribly by officers who expected them to pull over on a dark highway at night.

When asked by a reporter how motorists can be sure an unmarked car is indeed a law enforcement officer, Portland, Oregon Police Sgt. Pete Simpson, said their unmarked officers are driving "newer" cars and that the officers are wearing uniforms. The advice seems hardly consoling to those who have had their loved ones victimized by police impersonators. The truth is that most drivers being pulled over, particularly at night, have little ability in determining what year a car is through their rear view mirror.

I interviewed Kevin Schmadeka about his progress in battling secret police tactics. He provides revealing answers for a number of questions about this controversial practice.

Tim: Kevin, people in America are so bad about standing up for themselves, yet you have been working hard for a long time to end the use of unmarked police cars in the state of Washington. I would like to start by asking you why you have dedicated yourself to this cause?

Kevin: I first started researching this issue after getting a ticket from an unmarked car. That research ended up taking a very long time. There are a lot of exemptions in the law that are crafted to look like they might apply to law enforcement for patrols, and a lot of ways that people in law enforcement misrepresent the laws and exemptions. So part of the reason is just the amount of work I have invested in this already. Another reason is that after I finally had all the legalities figured out, I came to realize the enormous scope of this problem. This issue involves nearly every law enforcement agency in the state, as well as courts, prosecutors, and even DOL. It's unbelievable, but all these people are in cahoots to violate our right to know if we're being stopped by a real cop or not. They will tell any lie to keep up their facade, and they don't appear to care one whit about the public safety issues they are creating. This is a problem that just can't be allowed to go on. People need to know what's happening, and those responsible need to be held accountable.

Courtesy: tenaflynj.org

Tim: Many people believe that unmarked cars represent a hazard to motorists, since there is no way to be sure if the car attempting to pull you over is a legitimate law enforcement vehicle. Is that the single biggest issue with regard to police use of unmarked vehicles as traffic units?

Kevin: Yes it is. You can do a Google news search on "police impersonator" and see there are many cases and incidents ongoing at any given time. The bulk of them run in the direction of a phony "unmarked" car stopping someone who is then robbed, sexually assaulted, carjacked, or kidnapped. Every time one of us is stopped by an unidentifiable vehicle with flashing lights, we have to wonder if this is going to be that stop. The second major danger is the misidentification of a real police officer as an impersonator or criminal, and this happens too. In Spokane, Pastor Wayne Scott Creach went outside to investigate an unmarked car that had pulled onto his property in a location where they had a theft problem. He armed himself as he had every right to do. The officer elected to "consider" him a threat and escalate things, and when the dust settled the pastor was dead. There have even been cases of unmarked cops being mistaken for impersonators by other cops, which have almost ended in shooting. One such incident can be seen here: http://www.youtube.com/watch?v=yZNKzbvTN-A This begs the question, if cops can't always tell real from fake, how in the world do they expect us to?

When we encounter an unidentifiable car that might be a cop and might not, we face a choice. We can assume it's a cop and let our guard down, and risk being victimized by an impersonator. Or we can take protective measures, and risk being "considered" a threat by a cop and getting shot.

The third major issue is that in Washington State, all this rampant use of unidentifiable vehicles for non-undercover purposes is clearly and plainly illegal. If police marked their cars according to law, neither of the first two issues would be such serious issues.

Courtesy: milestonemotors1.com

Tim: With regard to the history of unmarked traffic enforcement vehicles, has Washington been a state on the forefront of this controversial practice?

Kevin: I haven't really followed the trend in other states. But from what I've seen and heard from others, the unmarked craze seems to have swept the nation at around the same time.

Tim: Are the TV commercials in Oregon bragging about the use of unmarked police cars having an opposite effect from what police expected?

Kevin: Honestly, the first I'd heard of those commercials was when I saw a news story by Jessica Morkert at KOIN 6 about them. Based on that story, I would definitely say Oregon law enforcement is shooting itself in the foot with these ads. They are raising awareness about this issue and making people more concerned than ever about the danger of impersonators. People don't like the fact that law enforcement would willingly endanger them in this fashion, and rubbing their noses in it with ads like this is damaging their credibility and trust all around. That story also mentioned that OSP was cutting back on unmarked car use due to court challenges. I haven't seen the information on those challenges yet, but the angrier people become, the more likely they are to look into the legalities and challenge this practice in court. I don't know what the marking requirement laws in Oregon are, but police in Washington say unmarked cars are legal for patrol and it's not so. (http://www.koin.com/news/portland/that-flashy-mustang-may-be-unmarked-car

Tim: In the end, what is this all about? Is it about revenue, power and control... intimidation?

Courtesy: autos.aol.com

Kevin: I would say that in recent years it has become primarily about revenue. Traffic enforcement is a cottage industry that supports police, judges, traffic lawyers, and others. Rampant use of unidentifiable cars to write tickets has multiplied their income, and none of these people are going to question or rule against the legality of their own bread-and-butter supply. You can't even find a traffic lawyer who will fight a ticket on this basis, because winning would mean slashing his own income, and the income of his fellow traffic lawyers.

Secondarily is the issue that police and others in government believe they have the right to decide for themselves what the law really says. If the law says something they want to do is illegal, they'll reinterpret the law to say it isn't. I have a lot of these people on record telling the most amazing lies about what the law says about marking requirements, with complete knowledge that what they're saying isn't true. When I call them on it, the typical answer is that we'll have to "agree to disagree."

Tim: What is your message to motorists in the event they are pulled over by an unmarked car?

Kevin: In Washington State at least, you don't have to put up with this. Carry a camera and record the stop. Learn what the marking requirements are and get video evidence or the officer's admissions that it's not legally marked. Then fight the ticket in court. When police break the law to stop you, their citation is invalid. Briefly, WSP cars are required to have a plainly identifying sticker in the rear window, and an official plate. City and county cars are required to have lettering or a logo on the sides. As I mentioned before, a traffic judge is unlikely to rule in your favor on this issue. But if he thinks you're serious enough to appeal he may find some other excuse to dismiss your ticket. That's what happened to me with my last challenge.

Courtesy: Winston-Salem Chronicle

I've prepared an amicus court brief that anyone can download and use in court. This brief will also tell them everything they need to know about marking requirements in Washington. That brief can be downloaded here: http://www.mediafire.com/view/30onoy9ecordwuv/UnmarkedCarCourtBrief2014.pdf

Tim: What are the legal steps you have taken to correct Washington law and ban the use of unmarked cars for traffic enforcement?

Kevin: Under law, their use for non-undercover purposes is already banned. But the only penalties provided in law have to be imposed by the offending agency upon itself, hence there is no enforcement mechanism. A couple years ago, the Creach family and I took this issue to the legislature to try to address the issue of unmarked cars trespassing on private property and creating a real enforcement provision. But we found it very hard to get any traction. I'll be contacting lawmakers again this year with a long list of recommendations, and we'll see how that goes. Hopefully the issue is generating enough attention to be on their radar now.

Tim: I understand your efforts have had quite an impact, and that officers who pull you over today will not write you up?

Kevin: Amazing but true. After my first case, which was thrown out on a made-up technicality so the judge could avoid ruling on this issue, I had lengthy discussions with law enforcement officials about this issue. Not getting any satisfaction there, I informed them that I'd be getting myself more tickets from unmarked cars in order to resolve this issue in court. It seemed like a foolproof plan, I mean how hard can it be to get a ticket? Several times I tried waving my unfastened seatbelt out the window in front of one. No luck, so I ramped it up and tried speeding past them (albeit safely.) Typically their reaction is to think of some other place they urgently need to be. Recently I finally did get stopped by a WSP unmarked car for two infractions, and he flat refused to give me a ticket. Law enforcement would actually rather let me get away with blatant infractions than take a chance on having to follow the law on marking requirements themselves. I have no interest in ramping it up further so now I'm looking for someone else who has a ticket who is willing to be my proxy case.

Tim: The video is interesting, what are your thoughts and what do you want people to take away from this interview?

Kevin: The government we get is the one we're willing to put up with. Problems like this can be fixed, but it means calling them on it when they break the law. If you get a ticket from one of these cars in Washington, don't just roll over and pay it, download my brief and fight it. Get in touch with me to see what I can do to help with your case. And tell your lawmakers that you don't like law enforcement endangering you and your loved ones in this fashion, and that the use of unidentifiable cars needs to end.

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With almost 25 years of experience on the west coast and worldwide as a television news producer, photojournalist, reporter and assignment editor, Tim King is Salem-News.com's Executive News Editor. His background includes covering the war in Afghanistan in 2006 and 2007, and reporting from the Iraq war in 2008. Tim is a former U.S. Marine who follows stories of Marines and Marine Veterans; he's covered British Royal Marines and in Iraq, Tim embedded with the same unit he served with in the 1980's.

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