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Old June 5, 2009, 07:10 PM   #85
OuTcAsT
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Join Date: January 8, 2006
Location: Eastern, TN
Posts: 1,236
An interesting article was found here; "http://www.wisegeek.com/does-an-off-duty-police-officer-have-authority.htm"

Quote:
here are several different schools of thought where the powers of an off-duty police officer is concerned. A duly licensed law enforcement officer generally has the authority to enforce the law 24 hours a day, seven days a week, but only after establishing his or her identity as a police officer. The designation "off-duty" only means the officer is not working a regular shift for the police department, not living as a private citizen with no authority whatsoever. An off-duty police officer can be employed as a private security guard and still have the power to arrest offenders or in many circumstances carry a concealed weapon.

This does not mean, however, that an off-duty police officer can use his or her authority for personal reasons. When not in uniform, a police officer has the same limited rights as any other citizen when it comes to personal responsibility and behavior. For example, an off-duty police officer attending a private party cannot pull a gun on a fellow guest or force an intoxicated party-goer to stop drinking. He or she can place a person under citizen's arrest until an on-duty police officer arrives, but many police departments discourage off-duty police officers from actively participating in such an arrest unless the situation is life-threatening.

An off-duty police officer may have proper identification and legal authority to arrest an offender, but he or she is also not considered to be on the clock, meaning there could be serious liability or insurance issues if he or she is injured during an off-duty incident or other damage occurs. This is why many off-duty police officers tend to avoid getting directly involved in minor incidents unless the offense is clearly egregious. An off-duty police officer may contact an on-duty police officer to report a minor traffic accident, but only use his or her authority to pull over an erratic driver creating a clear traffic hazard.

Some people believe that an off-duty police officer not in uniform and driving an unmarked car cannot legally issue a citation, but that is not always the case. Different police departments have different policies concerning the authority of off-duty officers, but in many places an off-duty police officer does have the legal right to detain an offender until an on-duty officer arrives to finish the process. The key factor in such an action is proper identification, however. An off-duty police officer who instigates a fight or commits an illegal act has no more rights or legal protections than any other private citizen.
So it would appear from all I can find on the subject, that an officer does have "authority" to act in some jurisdictions, but his duty to act is the same "moral" responsibility that each of us has as a citizen.

Quote:
I'm a firefighter and a paramedic (different from a cop yes but the reasoning is exactly the same) and I'm driving "off duty" and witness a car crash, guess what? I'm pulling over and helping that person because on average there's a 5,6,7,8 minute response time for "on duty" personnel to get there. And those minutes CAN mean life or death, trust me I've seen it.
While I fully agree with this, it is somewhat different. (unless your state law says differently) You have a moral duty to act but generally not a legal one. In fact, until the "good Samaritan" protections went into effect it was hard to get anyone to act. This is the reason the "GoodSam" laws were established, to help promote more folks to render aid.

Also interesting was the forums on Officer.com Most LE there are decidedly "Off Duty" on their days off.

But if there is a Legal duty to act (off shift) by a LEO please site a statute, I would really like to read it.
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