Can you cite people off duty?

[ahugecat]

Example: Like say you are walking in the street off duty, and you go to cross a crosswalk in an intersection (with the "WALK" signal on now) but someone makes a right turn without stopping* at the red light and nearly hits you when you begin to walk. Can you wave them over and then cite them for a traffic violation?


*Think of it like a California roll

[retdetsgt]

If you're one of those people who carries a traffic citation with you when your own duty, I suppose....

[greg72982]

I would more likely get the plate and a good look at the driver then be a good witness and report it to the police dept. with jurisdiction.

I'm sure I COULD do that though...

[icu650]

Example: Like say you are walking in the street off duty, and you go to cross a crosswalk in an intersection (with the "WALK" signal on now) but someone makes a right turn without stopping* at the red light and nearly hits you when you begin to walk. Can you wave them over and then cite them for a traffic violation?


*Think of it like a California roll

No. I wouldn't. If, however, I was walking in an area off duty where I work on duty I certainly would pay special attention to this vehicle and driver.

[L-1]

In my state (California) all officers have authority anywhere in the state, on duty or off, in uniform or civilian clothes. However, in the situation you describe, it is highly unlikely that anyone would take action.

[kazz]

A bit like L-1 . . .except there is only one PD in the State . . . . he/she could, once they id'd themselves, stop that person, take their details & post them a fine in the mail . . . but sheesh, would you bother ? ? I'm with icu650 on this.

=]

[retdetsgt]

My list of 28 years worth of off duty police actions is pretty damn short.....

[scott715us]

Technically any person in TN can arrest for a misdemanor that occurs in their presence. It doesn't occur for a few reasons: #1 - not worth the time, money and effort to attend court and play the "he said, she said" game on your own time in front of the judge, #2 - citizens are not covered under immunity like LEOs are if they screw up, and #3 - citizens are not trained in rules of law/arrest, traffic laws, etc like LEOs are.

Now would I try to cite or sign as prosecutor in your scenario? Depends on how reckless the driver was. I probably would not try to stop him right then and there. I would get a good look at the driver and obtain the tag. If I felt it was a reckless situation that could have killed someone, I might follow up on it with the jurisdictional PD and pursued prosecution. If it's simply a "rolling stop" situation, I'm not wasting the officer's time.

[kels]

Yes, I can. Would I? Probalby not.
More likely, I would have the city officer stop them.
He is on duty, he can deal with it.

[Gutwrench]

Hello ahugecat,

As others have said, could I? Yes. Would I? Absolutely not.

Actually our department has a policy about getting involved in minor offenses off-duty especially where the victim, more or less, is the citing officer.

Lastly, it is my personal opinion that to involve yourself in the example you gave would demonstrate seriously poor judgement. Off duty cops are good witnesses. As a general rule the most successful police officers are those who are capable of divorcing themselves from their pet peeves so it doesn't interfere with professional judgement.