Aug 12, 2013

Can off-duty cops arrest people?

I'm always curious of when I see an off-duty police officer if they can make an arrest if they see something illegal or problematic. Can they? Evan in Sandusky

Perkins police Chief Ken Klamar provided the following answer:

"While it is not common or encouraged, a police officer can make an arrest for a criminal offense while off duty. For a misdemeanor offense, the off-duty officer would have to observe the offense within his or her jurisdiction and should be able to properly identify him or herself as a police officer. In the case of a felony, an officer could make an arrest anywhere in Ohio. In most cases, off duty officers will call an incident in and provide witness information."

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Comments

Random Thoughts

In Ohio, "When a felony has been committed, or there is reasonable ground to believe that a felony has been committed, ANY PERSON [emphasis added] without a warrant may arrest another whom he has reasonable cause to believe is guilty of the offense, and detain him until a warrant can be obtained." Ohio Revised Code Section 2935.04

Lissa4u

Citizen's Arrest! Citizen's Arrest!

(LOL!! It's a line from the Andy Griffith show when Gomer wanted to make a citizen's arrest of Deputy Barney Fife for making an illegal U-turn.)

brassman

now say it right...Citizen's Arrayust!

Lissa4u

LOL!

Just Sayin IMHO

Why are you asking, Evan? Are you up to something? LOL

he said she said

I'm guessing that if you stay out of trouble, you wouldn't need to know this. Just sayin.....

gene44870

I can see that when an officer is off duty , they in a way are still on duty . And if they are not on the clock so to speak and they see a crime being committed , they are sworn to uphold the laws , so it would only make sense that they be able to make an arrest even though they aren not on the clock

Nemesis

Actually, they have no legal duty to uphold the laws. Courts have held their only duty is to "keep the peace."

tonto

"MOST" officers I know will call in an incident and wait for an uniformed officer & be a witnesses to what happened. Unless things got out of control.