The gist of the comments made by the trooper were that NYS police can not possibly give an unlawful order because they know where the lines are and what they can legally do, so therefore all orders given by them are lawful.
So, no NY State Trooper has ever been disciplined internally for doing something he thought he could, or thought was within the law, but turned out he was wrong? NY Troopers are human. They'll make mistakes, and I'm sure they've given orders to people that were illegal or simply not in the scope of their authority.
Now slight tangent here.
NYS is now deploying unmarked vehicles in their new war against 'distracted drivers'. Currently it's a GM SUV. Big, tall, don't recall the name.
If they think you're playing with an electronic device, they claim to be able to see into your car and will pull you over and cite you.
I don't like unmarked vehicles. Too easy to visit an electronics store or flea market and get all the gear needed to mock up a car and play copper. (as a rapist in Florida did for a while). So I asked, if I see an unmarked car behind me, do I pull over or continue to a public area for my safety? The concern being if it is a cop, ending up with 6 angry troopers with guns drawn and nostrils flaring. Their reply was that I should call 911 and verify it's a cop, and that in that case, I wouldn't get in trouble for using my phone while driving.
So....true or not folks?
We tell people to turn on you flashers and move to the right lane to acknowledge you see the officer and your not running. Slow down and if you can get to a public place somewhat quickly then go there and stop. If you cant say your out in the middle of no where and you know where you are you can call the police department dispatcher tell them your concern and make sure its a real officer stopping you. The problem with that is you may not know what agency is stopping you. In my city there are 6 different police agencies that can be there and stop you and none of us talk to each other or share a dispatch center so chances you call the right place are well slim. On the plus side chances its a fake cop are VERY slim so if you cant get someplace safe quickly your better off pulling over and only rolling down you window after your sure its an officer.
Not giving legal advice, but most states do allow an exemption for using a cell phone while driving in an emergency. Someone trying to abduct you (and if you are detained and prevented from leaving without legal authority, you are abducted) is an emergency. So I think that part of your question is pretty easy to answer.
Regarding unmarkeds... My current primary cruiser is an unmarked. I'm conscious of that when I'm stopping someone or chasing someone. And, with the end of the Crown Vic Police Interceptor line, you'll see more and more unmarked cars (and marked cars, though that's less of a problem) that don't "look like" police cars. (Let's be honest; an unmarked CVPI is about as nondescript as a Federal Air Marshal...)
I give similar advice to ballen's for people unsure if the car is actually a cop car -- with a small twist. Don't drive too far, as in more than a minute or two. Call 911, and try to tell them as specifically as you can where you are. Pull over, lower your window a bit, and keep your car on, but put it in park. (I don't like cars in drive when I walk up; a slip of a foot, and my toes are being run over...) Put your hands on the steering wheel -- but be ready to put it in drive. Ask the officer to get a UNIFORMED backup unit there, especially if he asks you to step out of the car. How many impersonators have a second person ready? Or 3 or 4? Yeah, once there are a couple of cars pretending to be Christmas trees behind you -- that's probably a clue that the first one was real.
It's important to realize that, though impersonators are out there, most times when an unmarked car tries to stop you, it IS a police officer. So, if you are scared, use that cell phone to talk to 911 dispatchers. If you get scared enough to drive off after someone's approached your car, leave that 911 call active and tell them what's going on. At least that way, you're creating a record about what you're doing, and you're letting someone know what's up. Even if it's the wrong agency, we do have ways to get word to each other.
Don't be afraid to ask for a cop's credentials, even if they're in uniform. They should be able to provide them, and it is possible to acquire all the badges, pins, etc. to look pretty convincing. If it's a cop in plainclothes -- don't be afraid to ask for a uniformed officer, too.
