What is Considered an Illegal Traffic Stop in Ohio
Traffic stops in Ohio are governed by specific statutory and constitutional rules. When officers fail to follow those rules, the stop itself may be unlawful. An unlawful stop can lead to suppression of evidence, dismissal of charges, or a reduction in penalties. Many of these cases hinge on small, easily overlooked details that only become clear after careful review of dash cam and body camera footage.
If you are facing traffic violation charges, whether it be a minor infraction, a major misdemeanor, or a felony, and feel that the traffic stop was unlawful, it’s important to speak with an experienced criminal defense attorney near you. At the Joslyn Law Firm, we look at every angle of a case to make sure your rights are protected. Contact our Columbus law office today to speak with one of our traffic defense lawyers.
Lights and Visibility Requirements of Police Cars in Ohio
Ohio law does not allow officers to conduct traffic enforcement while hidden in darkness.
Officers must operate their cruisers in a manner that makes them reasonably visible to the public. This includes using required running lights or headlights when positioned along roadways at night. As discussed in practice, “lights off is illegal in Ohio,” meaning an officer cannot sit completely darkened on the side of the road waiting to initiate a stop.
Ohio regulations require law enforcement vehicles to be illuminated and visible within a specified distance, approximately 200 to 300 feet, depending on roadway conditions. If an officer is concealed in darkness and initiates a stop, that lack of visibility may undermine the legality of the encounter. Defense attorneys routinely examine whether the cruiser’s lights were on and whether the officer was clearly visible to approaching motorists.
If the officer violated visibility requirements, any evidence obtained after the stop may be challenged as fruit of an unlawful seizure.
Can You Get Pulled Over By An Unmarked Police Car in Ohio?
Ohio places limits on how unmarked vehicles may be used for traffic enforcement.
While unmarked vehicles are sometimes permitted for investigative or surveillance purposes, they are generally restricted when it comes to routine traffic stops. In most situations, traffic enforcement is expected to be conducted using clearly marked police vehicles so that motorists can readily identify law enforcement.
If a driver is stopped by an unmarked vehicle, several questions arise:
- Was the officer authorized to conduct traffic enforcement in that vehicle?
- Was the vehicle properly equipped with visible emergency lights?
- Did the circumstances justify the use of an unmarked cruiser?
If the answer to any of these questions is unclear or unfavorable to the state, the stop may be subject to suppression.
Pretext, Baiting, and Targeted Traffic Stops
Officers are not permitted to “bait” drivers by waiting near bars or restaurants solely to catch patrons leaving and then stopping them for trivial infractions. While police may patrol public areas, deliberately staking out a location with the intent to stop drivers without genuine probable cause crosses into unlawful territory.
In practice, these cases often come to light through officer statements captured on body camera footage. Comments such as “we finally got him” can suggest pretextual enforcement rather than neutral policing. Once identified, these remarks can support arguments that the stop was not based on a legitimate traffic violation but on improper targeting.
Why Small Details Matter in Traffic Cases
Traffic stop cases are often won or lost on details that seem insignificant at first glance.
A single sentence on body camera footage can change everything. An officer’s casual remark, the timing of when lights were activated, or where a cruiser was positioned can all determine whether a stop was lawful. This is why experienced legal review matters. Attorneys who carefully analyze footage, GPS data, and officer reports can uncover violations that are not obvious from the citation alone.
Speak with An Ohio Traffic Violation Lawyer
An unlawful traffic stop in Ohio is not just a technicality. It is a constitutional issue that can directly affect the outcome of a case. Visibility violations, improper use of unmarked vehicles, and pretextual enforcement all provide potential grounds to challenge a stop.
Drivers facing charges should understand that the legality of the stop itself is often the first and most important question. When officers fail to follow the rules, the law provides remedies that can significantly alter the result of a case. Contact the Joslyn Law Firm today for a free case consultation.
