Monday, June 6, 2011

Can an off duty cop in his personal unmarked car pull me over and arrest me for cutting in front of him?

Last weekend in State College PA I went to change lanes and put my blinker on. Apparently the guy in the next lane didn't want me to get in front of him but I did anyway. He then followed me and pulled up beside me, shouting ';roll down your F@#king window!'; ';The next time you cut in front of a law officer like that, I'll arrest your a**!'; I had no idea he was a cop and didn't think I did anything wrong. My signal was on well ahead of time and it appeared I had plenty of room to change lanes and get in front of him. How can a cop ';arrest'; someone for a moving violation if he is not in uniform in a clearly marked car?Can an off duty cop in his personal unmarked car pull me over and arrest me for cutting in front of him?
This was a complete and utter mistake on the law enforcement officer. At no time should he speak to a person in the manner you describe. As a Federal Police Officer I can tell you do not be fooled by a person who claims to be a police officer and flashes a badge because they are out there. Next time copy down the license plate and notify your local police. Make the report because if that is a real police officer then he is out of control.Can an off duty cop in his personal unmarked car pull me over and arrest me for cutting in front of him?
Cops usually feel free to abuse the law %26amp; misuse their power at will.
Because he can,being a cop is a 24/7 job,with out the uniform he still has the powers.
Almost anyone can arrest another person--- It's called a citizen arrest. I once asked a lawyer about this and he does not recommend doing this because the other person could attack you and hurt you. If road rage is starting to happen, call the police and report his number. Maybe someone else can explain citizen arrest. I do not recommend it.
Yes, police officers have arresting powers whether in uniform, or not.
cops are never really off duty, I don't know about arrest for a traffic violation ( that is if you were driving reckless ) I doubt it very seriously. but if he did, very unlikely the charge would hold in court. also you could file a harassment charge against the officer and or false arrest.
A cop has a responsibility to carry his / her badge and gun and to enforce the law regardless of whether the violation was during the cop's work hours.



He may have been impersonating a cop.



That kind of behavior is rude and unbecoming. If you were pulled over and ticketed, and what you say is true, then he would be reprimanded by his department for using the ';color of authority'; to bully you.
my uncle did that to some guy who was speeding (100 in a 55)

he's not even a cop, lol
I think they have the power to do that at any time in their jurisdiction. Thats annoying and scary what happened to you. I had a cop scream at me at a traffic stop. I felt really violated because I didn't do anything to deserve getting screamed at. If I was in basic training or something, I would expect random abuse, but not as a law-abiding citizen. Unfortunately, for every cop who is more in control than a normal person, law-enforcement attracts plenty who are on a power/anger trip and are prone to act like that guy (road rage sufferer)
Police departments have different rules for their officers. Most departments allow off duty arrests for misdemeanors and felonies. Traffic infractions are usually not arrestable while off duty nor are violations. Why any off duty officer in his own personal vehicle would make an arrest for such a thing is beyond me. He may not even have been an officer... who knows. You could have got his license plate and made a complaint then either he would have been an officer who would have got spoken too about his actions or it may have ended up being someone else. It's amazing how many complaints are filed against officers come to find out it's just a wannabe or somebody posing as an officer.
Most agencies don't prefer off duty officers to arrest people. However, off duty officers usually detain or observe a person until a uniform officer make the scene and take contol of the situation. This is not typical for simply traffic violations unless your actions are reckless and place others in danger. I would dispute the charges, under the circumstances you stated, it will probably be dismissed.
Depending on the state and the rules for that officers department, if he is within his departments jurisdiction, and he has a blue light to use in his car ( yes he could pull you over and issue you a ticket)



Nor normally departments don't let officers do that, and in some areas it is against the law to do traffic in a non marked police car.



You should have gotten his tag number and reported him to the local department, his attitude and laguage would have most likely gotten him into trouble
Police are never ';off duty';. your version is that you politely and responsibly signaled your intentions and changed lanes like a considerate, safe driver. Apparently the officer felt you cut him off. I dont think the whole story is being told here. You can be arrested for traffic infractions. You can also be arrested in many states for road rage or dangerous lane changing. Lots of law enforcement types, like myself, drive unmarked vehicles. You were fortunate he didn't pull you over. Sounds like he cut you a break. he grateful for that.
You still have no idea he was a cop it could have been anybody!! An off duty cop can arrest people but seeing as how you don't get arrested for improper lane change and seeing how he spoke as if you knew he was a ';law officer'; when you could not have known that and the fact that he just ran his head but didn't do anything he more than likely was not a cop.
Did you see a badge? He may not have been a cop. Don't let it get to you.



If he was, you would have been able to get his badge number and name. Then you could file a complaint, as most police departments do not allow officers not in uniform to do traffic stops.



A court may still uphold such a practice, but police officers can and have been disciplined for pulling people over out of uniform and in their personal vehicles.



In my town it's not only looked down upon, but if they have to do it for extreme violations of traffic laws that you're a danger to other drivers, they have to call for an officer in uniform in a marked vehicle.
The answer is yes. If he is ';off'; duty and driving his police car he has the obligation to react to defensive driving that happens around him or in front of him. It would be the same thing if you saw a police officer that was ';OFF'; duty but you were getting beat up by your boyfriend on the side walk would you want him to stop or keep driving since technically he is ';off'; duty and not getting paid to protect you at that time. It is a law that if we drive our take home police cars that you have to stop when you see anything that breaks the law, or that is a emergency situation. DON'T DRIVE STUPID!
Yes, there's really no such thing as an ';off duty'; cop.
sorry but he did the right thing by pulling you over.he is still a cop and has proof of that which he presented to you when he flashed his badge. i think it is a good idea so we dont cut people off
No, not if he's off duty.

1 comment:

  1. I just had something like this happen to me today, luckily i was only half a mile from the Police Station and he was following me. When I got to the Police Station he turned around.. I guess he was not a cop after all!

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