Can a off duty police officer (in street clothes) do this????

Question

1. Hold you in their custody-Physically
2. Not state that he/she is an officer
3. Search your property/person/vehicle
REMEMBER THIS PERSON IS NOT ON DUTY & NOT IN
UNIFORM & NOT STATING THAT HE/SHE IS A LAW AUTHORITY!!!

Answer 1

He can do 1 and 2 but not 3. If this happened to you then I suggest you consult your attorney.

Answer 2

as an off duty police officer, even any citizen can make a public arrest. that is if you are actually breaking the law, they only thing that he did went too far is not stating that he was a police officer before going and searching your private property, for that he needed to state he was a cop and then call for back up so some one on duty can proceed with what ever.

Answer 3

A police officer is a police officer 24 hrs a day.They are never "off duty" In NYS, for example, they MUST, under state law, act if a crime is comitted in front of them. Also, a Police Officers jurisdication is the entire state he works in, not just the boundries of his agencies. He is empowered to enforce state laws, regarless of where he is. In NYS, a police officer can not enforce traffic laws outside his geographical area of employment as well as laws that may be applicable to his governmental jurisdiction.
To answer you, yes, if you commit a crime in front of a Police Officer, you will be arrested.Regardless of his duty status. He is only off duty until he takes police action and then he is on duty. Anyone can actually make an arrest for that matter. As far as not stating, I find that hard to believe. Why would he not want to ID himself? The laws of search and seizure are still the same. Once he takes "Police Action" he is no longer off duty and is now on duty.Laws do vary from state to state, with some more liberal, but for the most part, a cop has police power 24/7. Thats why the are able to carry guns 24/7. They are not only expected to act off duty, but in many cases are required.

Answer 4

Any person can make a citizen's arrest. However they are not a police officier and it would not be legal to search you or your vehicle or hold you against your will somewhere. They could transport you to a police station however.
On the other hand if a plain clothes police officier did a search it would not be legally admissable anyway. You have to be read the Miranda rights for an arrest, a search warrant has to be issued for a search of car, UNLESS they have cause. For example if you act under the influence or have made a threat (for example if someone told them you have a gun) they could search. For anything to be admissable in court they do have to identify themselves as police officiers.
You really did not give enough detail to judge.
I would suggest calling your local police station (you can do so anonymously) and ask advice, or call a lawyer.

Answer 5

1. They can physically restrain you but are subject to struggle and retalliation that can occur during any asault/battery situation. i.e. you can fight back, unless they properly identify themselves as police officers. That means clearly stating in an acceptable tone for the situation that they are a police officer as well as providing identifcation if the situation allows it.

2. In order to act as a law enforcement officer the person must state and show reasonable proof they are indeed an officer.

3. Searching property/person/vehicle can be performed to ensure no immediate threat such as hidden weapons or people, again only if they identify themselves as a police officer.

Of course, the identification issue becomes blurred in situations where it is common knowledge that the person is an officer of the law. This is very common in small towns or with prior encounters with said officers.

Answer 6

In our area they can hold you in custody till the other police get there but they do have to state and probably show you proof that they are a cop. I really wouldn't think they could search your property or anything else untill the uniformed officers get there.

Answer 7

If a person does not identify himself as a police officer with credentials, then you can defend yourself using whatever means to protect yourself from this guy. After all, you don't know him from Adam. If an off duty officer does the things you stated, he won't be a police officer any longer once the dept. finds out about it.

Answer 8

Unless you are fully aware that this person is a police officer, you can do whatever you need to do to prevent this. Someone cannot hold you against your will. This is called kidnapping.
If someone does this without stating that they are a police officer, you can assume that you are being attacked and defend yourself ny whatever means necessary.
However, if its a case of you not hearing it, then yeah, they have that right. However, without your permission, or placing you under arrest, they cannot search your vehicle.
Get a lawyer.

Answer 9

Yes. They can do all those things. 1)If the person has authority from the state you live in (certified police officer), they are always on 'duty'. 2) They need probable cause.

Also, that juristiction stuff, it isn't 'real'. Police have to obtain state approval, so technically thay can perform their duties anywhere in the state they are certified. Most agencies however, tell their police to not get involoved unless it's a felony in progress.

Answer 10

first they have to tell you they are law enforcement. then after tht they can detain you and ect. but the most important thing is they have to state they are an off duty officier other wise its consider;d kindnapping. if they didnt state tht and you have enough crediable whitness's you can charge the officier with unlawful arrest and detaining some one against thier will which is called kidnapping in my state. and only can search you if they have probale cause or your permission. if you dont think its a cop pulling you over dont stop, call 911 on your cell phone and tell them the situation, they will send another officier out to assist. but they have to state they are an officier of the law and off duty before they can do anything to you period. otherwise entrapment and unlawful detainment ect.

Answer 11

He is on duty till death. But he has to identify him self as an officer and show proof in credentials, anddisplay a badge.
if he searches any thing, he has to state what for