given this is what I am studying, you are right and wrong at the same time. They must provide reasonable grounds for detaining you, the must tell you why, etc etc.
If you feel the officer is not an officer you have the right to demand proof and call into the station to verify the officer is who he/she says they are and are ON duty. If off duty they are the same as any other person.
This can turn into a very long post, so i am only addressing a few minor things. There are many rules, exceptions etc etc that go with this
Posted by Lisa at September 28, 2006 03:55 PMLots of issues raised here but I will only respond to one point made by Lisa...
An off-duty, out-of-uniform police officer has the same rights and duties as he would have if he were in-uniform and on-duty. He has the right to detain, arrest, and carry a concealed weapon.
Posted by John at September 29, 2006 07:44 AMOff duty officers can make arrests this is true however so can any citizen should they chose to do so, they carry concealed weapons because they are licensed to do so.
Posted by at September 29, 2006 10:23 AMIndeed, I don't know if off duty, out of uniform officers have any more rights to arrest someone than the public does. They certainly do NOT have the right to pull me over.
Posted by Michael Doss at September 29, 2006 10:26 AMAnybody can make what is commonly called a "citizen's arrest" for a misdemeanor or a felony that is committed in their pesense. A off duty and out of uniform sworn police officer can make an arrest based on "probable cause". The offense does not need to have occurred in their presence.
Also, just to be clear, a sworn police officer is NEVER off duty. He has the rights and responsibilites of being a police officer 24/7.
The right to carry a concealed weapon for a police officer flows not from what is commonly called a permit to carry a concealed weapon. Civilians can apply for and perhaps obtain such a permit. Police officers may carry (some jurisdictions require and some jurisdictions leave it to the decision of the individual police officer as to whether or not to "carry".
You are right that any sane police officer driving around in his car will not attempt to make a stop of an individual who has committed a moving violation and is driving off. He has a duty to report the violation, nowadays using a cell phone.