Expert: Chris Wagoner - 3/14/2008

Question
Hello

I live near Miami. There is a used-car lot that buys, and resells used police cars that I drive by sometimes. I sometimes THINK about buying a used police car, especially when the Dodge Chargers come out, but worry - a LOT - about how the laws of Florida feel about driving around in a used police car. They remove the decals, repaint the cars one solid color, but things like the dash and rear deck strobes, wig-wag headlights, front push bumper; remain on the car; and still work...

I tried to find out what I could on the internet. Read and learned that you cannot drive around in a car with Florida Highway Patrol colors, and I read about TODAY a guy named Jessie Vigil, in Las Vegas, who did his mustang like the police car (a charger) in the movie Transformers. Right down to red and blue fake roof light and POLICE decals on the door. In Vegas, they say this is OK, but... AGain, Florida; what about black and white?

Personally, legal or not, I think this would be a REALLY BAD IDEA as he turned his car into a target for someone having a bad day. I think decals and a roof light is pushing it a bit too far.

Do you know how Florida feels about used police cars?. Pulling over to the side of the road, when you use your blinkers, would be smarter, I think, if you also had strobes. Like the construction vehicles use on the side of the road. I am not talking about driving around, lights flashing, of course. I hope the guy in Vegas does not do that!!

My second question comes from a magazine I was reading in an office where a guy is a private investigator (my wife was talking to him about keeping a 16-year-old problem girl from our 16-year-old son). In the magazine, they were talking about officers that got shot by people they pulled over, who came out of their vehicles (mostly, some from inside the vehicle) with a gun in hand, and the officer did not shoot, but rather gave commands for the person to "put down the gun."

The article said that the 'bad guys' had the attitude "shoot, or get shot." With NO hesitation involved.

Since most of the officers in the aricle got shot because they 'hesitated' before "shoot first", is there restrictions or laws that would cause the officer to hesitate to shoot, but rather 'negociate' the bad person to put down the gun? My thought would be; man approaching with gun. Shoot him, then discuss it later. Especially after that article. I imagine a lot of officers read this magazine (sorry, I forget the name of it). Interestingly, I read that most female officers do not hesistate and are more "shields up" (my words) when approaching ANYONE for ANY REASON. Even a burned out license plate light. No matter how many years they have been behind the wheel of a patrol car... Aparently they do not, as the article said "rely on instincts to "read" people. Everyone is a danger. I thought was very interesting.

Third question! If a captain is the boss for a city police department, and a sheriff is the boss for a county deputy department, who is in charge of a state highway patrol? and who is incharge of a federal government law enforcement department? I am guessing that the federal level has different jobs.

Thanks!!  

Answer
Hey Sean!

Great questions! And since you live in Florida, I think I can help you out in all three here.

First the used police car. You have already researched part of the law, about the coloring like a FHP car. But the lights are another problem. You need to look up 316.2397  Certain lights prohibited; exceptions.-- It prohibits anyone from having blue or red lights other than police and fire. So if those cars came with those, I would get rid of them. It reads:

316.2397  Certain lights prohibited; exceptions.--

(1)  No person shall drive or move or cause to be moved any vehicle or equipment upon any highway within this state with any lamp or device thereon showing or displaying a red or blue light visible from directly in front thereof except for certain vehicles hereinafter provided.

(2)  It is expressly prohibited for any vehicle or equipment, except police vehicles, to show or display blue lights. However, vehicles owned, operated, or leased by the Department of Corrections may show or display blue lights when responding to emergencies.

and.....

7)  Flashing lights are prohibited on vehicles except as a means of indicating a right or left turn, to change lanes, or to indicate that the vehicle is lawfully stopped or disabled upon the highway or except that the lamps authorized in subsections (1), (2), (3), (4), and (9) and s. 316.235(5) are permitted to flash.

(8)  Subsections (1) and (7) do not apply to police, fire, or authorized emergency vehicles while in the performance of their necessary duties.

Notice it says "display"? That means they do not even have to be on, and they can pull you for just having them where they show. So you would have to remove the blue or red lights. Oh and the Charges are BAD TO THE BONE! I love them. I have driven one a couple of times and they rock!

Question 2, those officers suffer from poor training and reactions. You are correct in that it is "see gun, shoot bad guy..". That is how the officers should have reacted, but they get into a rut where they treat things with the "I won't get shot" attitude and they get shot. Just poor tactics and training. I see a guy with a gun, and he is endangering me or even someone else and I will shoot him, no words involved. Easy answer that one is.

Question #3, Actually its a Chief in charge of a City Police Department (Officers), a Sheriff in Charge of a Sheriff's Office (Deputies)and Colonel John T. Czernis is in Charge of the Florida Highway Patrol (Troopers). At the Federal Level, like the FBI its a Director (currently Robert Mueller, who is appointed by the President. The same for most of the other Federal Agencies, they have Directors.

Great questions and I hope you get to find one of those Chargers. Nice thing about used police cars are that they are maintained really well, oil and tune ups every 3000 miles, when something goes wrong they fix it with good parts, and if they come from a department where the officers/deputies have take home cars, they are usually well taken care of.

Have a great weekend and be safe.. man I miss the good Cuban food from South Florida!