There's absolutely nothing wrong with passing anybody if they are not doing the speed limit, including highway patrol (assuming driving conditions are safe, not icy, snowy, torrential down pour, etc). You can be ticketed for doing the speed limit if conditions are un-safe.
It always irks me off when people slow down below the speed limit when they see a cop when there are no reasons for it (general highway driving scenario).
Generally you won't be ticketed up to 4mph (9kph) over the speed limit. I might be the exception, but have never been ticketed for driving that much over the limit. I've been pulled over for doing 109 in a 100 zone, but respectfully discussed it and was let go.
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