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View Full Version : Off Duty Arrest Authority, do you have it?



FedCop
02-04-2006, 06:22 PM
FedCop, in what state does a Police Officer have arrest authority, off-duty outside their jurisdiction? I know where I'm from we do not, that little treat is only bestowed upon the State Police. (He refers to MI)

This question was asked of me in another thread, so I ask of you, what is your authority off duty? What does your state say?

winq
02-04-2006, 07:28 PM
New York State: Off-duty statewide for all LEO's (municiple or state, county ect) arrest powers for any felony's or misd in your presense. Violations in your area of employment.

Off duty arrests are a hassle and i would only do one for a violent felony. let the locals handle the rest.

FedCop
02-04-2006, 07:45 PM
New York State: Off-duty statewide for all LEO's (municiple or state, county ect) arrest powers for any felony's or misd in your presense. Violations in your area of employment.

Off duty arrests are a hassle and i would only do one for a violent felony. let the locals handle the rest.

Agreed, but the gentleperson has problems believing that some states allow their police officers 24/7, 365 arrest powers within the state of certification. Trying to gather facts.

Bowles
02-04-2006, 08:05 PM
FedCop, in what state does a Police Officer have arrest authority, off-duty outside their jurisdiction? I know where I'm from we do not, that little treat is only bestowed upon the State Police. (He refers to MI)

This question was asked of me in another thread, so I ask of you, what is your authority off duty? What does your state say?

In NC a off duty police officer more than one mile outside his jurisdiction has no more authority to arrest than anyone else. He has only the power to detain and even then only for certain types of crime.

winq
02-04-2006, 08:37 PM
NYS, 24/7 365 days a year, your never "really" off duty.

L-1
02-04-2006, 09:03 PM
California gives its peace officers full authority anywhere in the state, on duty or off.

kttref
02-04-2006, 10:01 PM
CT - In jurisdiction full arrest

Out of jurisdiction felony arrest powers.

ARSNK9
02-04-2006, 10:03 PM
Texas is 24/7/365. Have to agree that I would leave the misd. to local officers. Sometime more of a hassle than it is worth. I believe that some departments restrict officers activities but the state law give them the right to make the arrest.

K9tosca
02-04-2006, 10:08 PM
Indiana if you are a full time paid sworn officer you have full authority anytime anywhere in the state. And you are ordered by law to take action in the case of a felony in your presents

ftlaudcop
02-04-2006, 10:17 PM
does santa deliver felony in presents ????......

HolyRoller
02-04-2006, 11:17 PM
In NC, arrest powers (and weapon carry authority) are like white on rice and cold on ice. As long as you're sworn, they stick with you whether on or off duty.

Deputy sheriffs in NC can arrest for any offense while in their county or on county property elsewhere in the state. They can also go anywhere in the state and arrest for a felony committed in their county.

The one-mile deal that Bowles mentioned is for city police. There isn't a one-mile zone outside a county, too bad.

In hot pursuit, we can chase crooks into VA and TN but not GA and DEFINITELY not SC.

Here's the long boring statute:

BS_CJ
02-05-2006, 12:36 AM
DEFINITELY not SC.


Why is that?

Metro174
02-05-2006, 12:41 AM
CT - In jurisdiction full arrest

Out of jurisdiction felony arrest powers.

Identical for Maryland as well.

Shoot N Scoot
02-05-2006, 12:42 AM
Oklahoma has a statute giving "commissioned leo's with a OK state certification" arrest authority state wide, and even added a amendment including federal agents.

Nobody
02-05-2006, 01:50 AM
xxxxxxxxxxxxx

DuPage286
02-05-2006, 01:59 AM
IL has arrest powers off duty as well. But as others have said...unless its violent, let the locals handle it and just be a good witness.

L-1
02-05-2006, 02:03 AM
wow, most states don't really even consider us feds as cops... was a hard lesson to learn when I left the PD, took a while to get used to the drastically limited jurisdiction since most violations are state/local violations.

California is very fed friendly. To wit:

830.8. (a) Federal criminal investigators and law enforcement
officers are not California peace officers, but may exercise the
powers of arrest of a peace officer in any of the following
circumstances:
(1) Any circumstances specified in Section 836 or Section 5150 of
the Welfare and Institutions Code for violations of state or local
laws.
(2) When these investigators and law enforcement officers are
engaged in the enforcement of federal criminal laws and exercise the
arrest powers only incidental to the performance of these duties.
(3) When requested by a California law enforcement agency to be
involved in a joint task force or criminal investigation.
(4) When probable cause exists to believe that a public offense
that involves immediate danger to persons or property has just
occurred or is being committed.

Nobody
02-05-2006, 02:09 AM
xxxxxxxxxxxxx

Frank Booth
02-05-2006, 03:13 AM
In Michigan, police can make a felony arrest with probable cause anywhere in the state. Police can only arrest for misdemeanors in their jurisdictions,whether that's city, county or state.

PFL
02-05-2006, 09:08 AM
NJ is the same as NY, but getting involved in anything that isn't "serious" is frowned upon.

1sgkelly
02-05-2006, 09:45 AM
No, off duty I'm just Joe Sixpack.
:(

VACOP1
02-05-2006, 10:11 AM
The VA wil not give its police officers power off duty to make arrests, even if state law allows it. ( NY has tried)

1code12
02-05-2006, 10:38 AM
In hot pursuit, we can chase crooks into VA and TN but not GA and DEFINITELY not SC.



Whats with not pursuing suspects into South Carolina? Whats the deal with that?

GoldBadge
02-05-2006, 10:45 AM
wow, most states don't really even consider us feds as cops... was a hard lesson to learn when I left the PD, took a while to get used to the drastically limited jurisdiction since most violations are state/local violations.

Many states recognize certain feds as "peace officers" and whatever authority that confers under that particular state's law. However, if you act under state law, some/many federal agencies may say that you acted outside of the scope of your federal employment and they won't C your A if the fecal matter hits the fan. The result, you foot the bill for any lawsuits or other legal actions that may result, instead of the government representing you. :eek:

jakflak
02-05-2006, 12:03 PM
In Alaska I have full arrest powers 24/7, everywhere in the state.

Now, finding me off duty and willing to arrest someone is a different story..... :D

kirch
02-05-2006, 12:34 PM
In WI we have full arrest authority for any CRIMINAL act (i.e. misdemeanors & felonies) anywhere in the state. Exercising that authority, for me at least, is dependent on the act and the circumstances involved. Since I rarely carry off duty, and I never have a radio to call for backup, I've never done it. I once witnessed an obvious drug transaction in a parking garage when my wife and I were out for dinner. Even though I could have jumped out of my car and placed everyone under arrest, I didn't because 1) I was unarmed, 2) I had no way of calling anyone to help me if things went badly (my cell phone didn't work in the parking garage) and 3) my wife was with me.

t150vsuptpr
02-05-2006, 08:35 PM
Off Duty Arrest Authority, do you have it?

Yep, sure do. Gonna have to be a case of no other option to do it though.

:)

MIDeputy
02-05-2006, 09:37 PM
In Michigan, police can make a felony arrest with probable cause anywhere in the state. Police can only arrest for misdemeanors in their jurisdictions,whether that's city, county or state.

While it's true that a sworn Police Officer in Michigan can arrest anywhere in the state for a felony with probable cause, that's the same that goes for civilians. A civilian has authority to arrest for a felony whether committed in their presence or not. However, a Police Officer in Michigan does not have authority otherwise off-duty outside their jurisdiction. The Michigan State Police have authority 24/7 anywhere obviously. But sworn Michigan Police Officer's do have jurisdiction anywhere in the State if they are working in conjuction with an agency in that jurisdiction or the State Police.
One exception to the above stated is, in Michigan warrant's do not have borders. A Police Officer can pursue an individual anywhere in the state if they have an arrest warrant out of their jurisdiction. If you have any other concerns about a Police Officer's authority in Michigan, refer to Michigan Compiled Laws (MCL) Section 762.

Shoot N Scoot
02-06-2006, 12:25 AM
Nobody .... I have found that if you study 18USC enough you can pretty much find something if you had to, to justify your decision to put the hebias grabus on them. I just do my best to avoid off duty encounters, until it envolves life and limb. Had the same rules when I was a city officer. I make a good witness and dial 911 until a life in at risk.

Vtfuzz
02-06-2006, 02:11 PM
In VT all LEO's have statewide authority to arrest/detain/summons/write traffic ticket, etc., 24/7/365, on duty or off duty.

HolyRoller
02-06-2006, 02:48 PM
Why is that?
In the Academy I was told by at least two officers from Robeson County, which borders SC and has I-95 running through it, that SC law does not allow hot pursuit. Any NC officer who chases into SC and arrests somebody they were chasing will himself get arrested in SC for armed kidnapping.

They might be exaggerating, but SC is its own little funny world and I fer sher ain't gone mess with them. Not that it will likely come up--Bladen is not on the border and it's about 40 miles to SC any way you try it, but maybe a crook will plan way ahead to go to I-95. If somebody wants to not be caught THAT bad, I'm happy enough to stop when I see Pedro's sombrero at South of the Border and call the SCHP to watch out for a really really fast speeder comin' thru.

But then, neither can SC officers chase into NC. Our statute says out-of-state officers can pursue into NC, but only if they let us do the same. SC doesn't.

WARNING long boring statute follows ...

jdlong
02-06-2006, 03:50 PM
Nobody .... I have found that if you study 18USC enough you can pretty much find something if you had to, to justify your decision to put the hebias grabus on them. I just do my best to avoid off duty encounters, until it envolves life and limb. Had the same rules when I was a city officer. I make a good witness and dial 911 until a life in at risk.

Well said. Probation Officer here in Nor Cal. Armed, full arrest powers on and off duty. No cowboy P.O. here. Unless all hell is breaking loose and loss of life and limb is present...I take the good witness approach and dial 911 (and my Kimber is with me all the time off-duty). Too many gung-ho attitudes that put fellow on duty brothers and civilians ast risk. Be safe.

Dudley DoRight
02-06-2006, 06:46 PM
In my outfit we are "on duty" at all times....we have to file a leave pass to be NOT called in.........but that can be overridden in case of an emergency. Our authority is anywhare in or on Canadian territory....inclueds planes & boats...but we are NOT permitted to carry off duty. See something happening...call it in, write it down and arrest 'em later. I'm NOT stopping anyone in my private vehicle with no gun, armour, cuffs and backup. They don't pay any of us that much.

irishlad2nv
02-06-2006, 07:28 PM
Agreed, but the gentleperson has problems believing that some states allow their police officers 24/7, 365 arrest powers within the state of certification. Trying to gather facts.
What agency are you with? You say you employer is the "Feds" and your screename is "FedCop"...just curious since you stated you have no arrest powers off-duty...?

SO19Trojan
02-06-2006, 11:31 PM
Across the Pond - we in England and Wales have full arrest powers on and off duty.

As was mentioned above by someone else, we could also actually be disciplined if we didn't act upon seeing a criminal offence but as most of the guys have stated ...........
I'm a great witness unless something is going really wrong and life / limb is at risk.

I learnt my lesson as a young cop walking home one night at 2am after work - two burglars coming out of the back of a pub struggling to carry the small safe ........ I shouted at them before I even thought, caught and fought one whilst the other jumped in his car and tried to run me and his accomplice over !

Was a close call and it taught me a valuable lesson.

Be safe guys.

Bowles
02-07-2006, 12:08 AM
In NC, arrest powers (and weapon carry authority) are like white on rice and cold on ice. As long as you're sworn, they stick with you whether on or off duty.

Deputy sheriffs in NC can arrest for any offense while in their county or on county property elsewhere in the state. They can also go anywhere in the state and arrest for a felony committed in their county.

The one-mile deal that Bowles mentioned is for city police. There isn't a one-mile zone outside a county, too bad.

In hot pursuit, we can chase crooks into VA and TN but not GA and DEFINITELY not SC.



I was referring to an off duty police officer outside his jurisdiction.

WC145
02-07-2006, 12:21 PM
Maine - anywhere, anytime.

Andersondeputy
02-07-2006, 03:23 PM
I find it funny that NC thinks SC is a funny place. As far as hot pursuit policy, every agency I ever had the pleasure of working for had a chase policy that was pretty much whatever we needed to do. In fact my former Sheriff actually said our chase policy was "until the wheels fall off"

SlowDownThere
02-08-2006, 09:41 PM
New York State law doesn't differentiate between on-duty offficers and off-duty officers. There is no difference.

Shoot N Scoot
02-09-2006, 01:07 AM
What agency are you with? You say you employer is the "Feds" and your screename is "FedCop"...just curious since you stated you have no arrest powers off-duty...?

Actually Irishlad, there are several federal agencies that have onduty powers only. Mine isnt one thankfully, but there are several that have powers and some pretty broad, when on the clock, but once off, some have to turn in thier weapons of lock them up and cant even carry firearms based upon thier employment.

FedCop
02-09-2006, 02:19 AM
What agency are you with? You say you employer is the "Feds" and your screename is "FedCop"...just curious since you stated you have no arrest powers off-duty...?

Irish and I have cleared the air on this misunderstanding. But, yes, it does very by agency and state.

FedCop
02-09-2006, 02:22 AM
Irish, have you ever been to Artesia? Say about Jan, Feb, Mar 2004?

BritPC
02-09-2006, 11:46 AM
And purely for an international angle...

In the UK there are three jurisdictions. (1) England and Wales, (2) Scotland, (3) Northern Ireland.

Generally officers of one jurisdiction do not have authority in another jurisdiction except in limited hot pursuit or mutual aid situations. However officers have full powers on or off duty in their jurisdiction.

irishlad2nv
02-09-2006, 01:42 PM
Irish, have you ever been to Artesia? Say about Jan, Feb, Mar 2004?
Sent you a PM