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"On-duty officers posted to the event apparently did not get involved until later: he was arrested by a man out of uniform and paid by the event's organizers."
by neaden 10y ago
"On-duty officers posted to the event apparently did not get involved until later: he was arrested by a man out of uniform and paid by the event's organizers."
The idea that we allow people to hire off-duty cops who are allowed to carry firearms and arrest people is, to put it mildly, an incredibly bad idea.
- flubert 10y ago>The idea that we allow people to hire off-duty cops who are allowed to carry firearms and arrest people is, to put it mildly, an incredibly bad idea. Anyone can make an arrest, the major difference being that as a normal citizen, you don't get immunity for wrongful arrest. https://en.wikipedia.org/wiki/Citizen%27s_arrest https://en.wikipedia.org/wiki/Citizen%27s_arrest
- Overtonwindow 10y agoAgreed. You should either be an on duty cop, or an off duty rent a cop. Not both. This could have been handled a lot better.
- eridius 10y agoNot only this, but apparently you can be charged with resisting arrest by refusing to go along with the out-of-uniform off-duty cop-cum-security-guard.
- neaden 10y agoYeah, IANAL but my understanding in the US is that a cop is always a cop, even if they are off duty and wearing a bathrobe they can still arrest you, question you, etc.
- eridius 10y agoSure, but my point is if a security guard comes up to you and tells you to leave, saying no is not resisting arrest, but apparently if that security guard happens to be an off-duty cop then it is resisting arrest, and that seems wrong.
- njharman 10y agoSure but the problem is, some random, ununiformed dude maybe or maybe not claiming to be a cop starts to man-handle you and trying to physically subdue you. It should be reasonable to resist that. How can anyone tell that is a lawful arrest vs an assault/prelude to kidnapping?
- flubert 10y ago>How can anyone tell that is a lawful arrest vs an assault/prelude to kidnapping? http://www.jimwagnerrealitybased.com/images/If_you_are_placed_under_citizens_arrest.pdf http://www.jimwagnerrealitybased.com/images/If_you_are_place...
- njharman 10y agoThat document seems to describe the ideal of the law. The reality is much different. DA's will side with and protect police, courts will believe police testimony over mine or other citizens. It also, mostly deals with citizens. not off duty police who can appear as citizens but then, after fact, apply/claim their authority as LEO. Case in point, the man in above article is still being charged even though he was resisting a bogus arrest. Despite that article saying that "won't" happen.
- aYsY4dDQ2NrcNzA 10y agoAny citizen has the power of arrest. But yeah.
- deleted 10y ago[deleted]
- vorotato 10y agoAnyone can carry firearms, and anyone can arrest people, depending of course on your state laws. That doesn't mean you won't be sued/charged if the defendant gets hurt in the process.