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Did he state he was a police officer? did he show you his police identification?
You did not say.
It depends on the stae you are in; for example in california off duty cops have the right to do that but they should have idenifection on them another example in Massachusetts under the MGL CODES Local cops do not have right to pull you over if they are off duty except the state police; the state police is considered on duty and has the power 24/7 but they should have ID also and unmarked cruisers are acceptable with both local and state
Okay, just to clarify:
A general power is given to peace officers to use the necessary force in doing what they are required or authorized to do; the possibility of using force is therefore open to a peace officer performing his duties, peace officers have the right to make an arrest, routine traffic stop, or respond to any emergency call when off duty, even if the particular provision of the Code under which he is acting does not give him such power. [subs. 25(1)b) of the Criminal Code]
Police officers are police officers 24/7 and always on call. their arrest powers and law enforcement does not stop, just because they are in street clothes.
I have made many traffic arrests, while off-duty.
I hope this officer identified himself as such.
Since i was not there, when this incident occurred, i cannot offer an answer to this part of your question. i can only assume that the officer had good reason to stop you or he would not have.
Yep.
But it would depend on how he did it, I would imagine.
The problem is one of identification. With no visible signs of his identity and authority as a police officer, then there comes the problem of exactly HOW he can legally pull you over.
And by legally, I don't mean whether or not he has the right to, I mean whether or not YOU would be obligated to pull over in the first place.
If he has no markings, no uniform, and no lights, how are you to know?
I have a great deal of respect for police officers, but if such a person were to attempt to "pull me over" with no visible sign of his authority, I'm not likely to be very cooperative in the effort. In fact, I would endeavor to find a safe haven to reach while calling 911 on my phone.
If there is a problem with that, I'll let the attorneys and judge work that out later.
:):)
Maybe .. but I would be very hesitant to stop until I had called into dispatch to verify the guy was legit.
It's really unfair to citizens for off-duty guys to do this ... we don't know who they are or if we should believe they're not just some nut!!
Often highway patrol and the state police are in unmarked cars. If you didn't feel threatened you could have always asked for his badge number. However just know that there are criminals who impersonate cops.
California Vehicle Code 2800.1 Off duty officers can not pull you over (legally). 4 conditions must be met for a valid stop. 1) Red light 2) Siren 3) Marked car 4) Uniformed Officer. In reality they can do whatever they want but legally you're not evading (if you don't pull over) if any of the 4 conditions aren't true.
any form of police car is not to have tinted windows. only car that are to be tinted are high security.
Well, he probably had a fight with his GF and decided to make you the example.
Just because he was in jeans and a sweat shirt doesn't mean he was off-duty, but I would imagine most places frown on off-duty officers performing traffic stops.
I do not think any police officer has right to yell at anyone. Rather than explaining what happened in a disciplined manner.
I would have asked to see his badge before anything else.
That's just scary.
And the police should never "yell" at anyone for a traffic violation. He should have served you a violation ticket and gone on his merry way.
Anyone can buy a strobe light, IMO.
I had an off duty cop almost kill me while I was getting on the highway and start chasing me like a maniac. He flashed his badge out of the window and as soon as I saw it I pulled over. He gets out of his unmarked pick-up truck and asks me to get out of the car. Then he pushes me, yells at me and calls me an assh•\3 at least 6 times and threatens to give me a beating. He asks for my liscense and my school ID and takes it and tells me to meet him at the police station two days later to get it back. Did this man have the right to pull me over? I know he was off duty because there was a little boy in his car.
I think thats totally unacceptable. If it were me I would probably press harrassment charges on him!!!
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You're reading Can an off-duty police officer pull you over? I had a guy in an unmarked car with tinted windows and lights wearing jeans and a sweater pull me over and yell at me because he claims I cut him off in the rain- which I didn't.
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