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Say for example, an officer was at a party where somebody was smoking marijuana. Does the 'officer' (who is not on duty), have to ask the person to stop/leave, or call the other cops, or report them, or leave themselves? Or do nothing?...
There 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
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In my experience most off duty police officers are just like the rest of us, if they goto a party for instance im sure there are people smoking pot etc, their brother does it, mom dad whomever. I think when they are off duty they still have the responsibility because they know the law and have the connects to keep people safe, so if they were to see something that is severely breaking the law or putting people in danger they have to act, where as we have a choice. last winter there was a police officer charged after he pulled a gun during a snowball fight. If they had to act same as in uniform they would always be on duty right..
Well in Australia, police are on duty 24/7 regardless if they are on duty or off duty. Not being in uniform still gives the policeman or policewoman the same authority to arrest, fine or lock up someone if it is legit. Obviously, this goes hand in hand for the people in the police force, if they stuff up when 'off duty", for example caught drink driving, speeding, or misbehaving, harassing etc, they do get punished or reprimanded by their bosses and in some case their career could be over because of their actions outside of work.
I'm pretty certain they still have the authority to punish someone, whether it be with a ticket or an arrest. There are some odd jurisdiction rules, so most of the time they'd probably just call in back-up if they witnessed something. I'm pretty sure they'd have the right to detain someone who did something illegal, though.
Then the still have a responsibility to act. It's like any other citizen seeing something illegally happening. They have to report it and because the police officer is part of the reporting entity he'll probably have to take more action.
Thank you Irene - seeing as telling people to use "google" for their answer is not permitted, this was done correctly.
im fairly certain she could have googled that..
Pretty sure they call back up.
I did, & i left a source :]
