Can an off duty cop give me a traffic ticket?

[zanev]

Here is what happened to me a few years ago:

I was driving down a main road, in order to make a right turn there was this little section cut off that had a yield sign before you make your turn. The car in front of me (to my ignorant 18 year old mind) was taking forever and I honked at him. Little did I know until i passed him (after he started to go) that it was a cop, in uniform in his personal vehicle. He hand signaled me to pull into a parking lot. I did and I got a very deserving lecture about improper use of a horn.

Since he was not in a squad car or any marked vehicle could he of cited me?

[bcjack]

Yep!!! A Police Officer is a peace officer 24/7/365 1/4

[Bradley]

I would be more curious about the "pull over" itself. Would the OP have been required to pull over by a "gesturing" officer, in an unmarked vehicle, without a red light? :noidea:

*I am not, by any means suggesting the OP should not have pulled over, and i applaud him for doing so.*

[x MAIT]

Since Zanev stated that he looked into the car and observed that it was a police officer, he would be required to stop. If you were driving down the street and saw a police officer directing traffic and he directed you to turn right, you would, correct?

If you know that you are being directed to do something by a police officer, then you need to do it.

[AyatollahGondola]

Isn't this a matter for the individual agencies to set policy for?

[dw]

Isn't this a matter for the individual agencies to set policy for?Yes, however legally it is permissible.

[FDandH]

The real question is: Was that a real police officer?

[Bradley]

If you were driving down the street and saw a police officer directing traffic and he directed you to turn right, you would, correct?

Of course. Good example.

[HIPCHIP]

Technically, anybody can make a Citizens Arrest, and if they get you to stop can get your info and submit it to the DA, or call for a unit to issue a cite in their name.

[PapaBear]

A peace officer may take an enforcement action for any observed violation of law. That said, if an off duty officer in his own personal vehicle attempted to stop me for a traffic violation he would have a difficult time doing so.

If he is not in an authorized emergency vehicle, he can just follow me to his hearts content; and, if I become aware of him following me, we will go to the nearest police station or sheriff's station and conduct our business there.

The court will be the determinate factor as to the lawfulness of his action and the errors of mine.

[bcjack]

Technically, anybody can make a Citizens Arrest, and if they get you to stop can get your info and submit it to the DA, or call for a unit to issue a cite in their name.

You don't have to be a Citizen to make a Citizen's Arrest...

[Motor City Cop]

When I find it necessary to cite a driver off duty, I try to get a good look at the driver. I then run the plate on the car and then the registered owner. If the registered owner turns out to be who I saw than I will mail a ticket to him/her via certified mail. Why risk attempting to pull a driver when I'm driving my own car, I don't have a radio and I'm not wearing a vest?

[emcviper]

I then run the plate on the car and then the registered ownerWould you get dispatch on the phone for this?

[Motor City Cop]

Would you get dispatch on the phone for this?
Probably not. I normally just write the license plate info down and run it the next time I am at the station. If the driving is so unsafe that I feel that immediate intervention is needed, I would call dispatch and have a marked unit make the stop.

[HIPCHIP]

Twice I was lucky enough to see a unit ahead of me, which I was able to flag down. I pointed out the violator and had the unit stop them, then the unit issued the cite for me in my name as issuing officer, so that is an option.

[G-Man]

You don't have to be a Citizen to make a Citizen's Arrest...

Which is why it is called a Private Persons Arrest now.

[BoySergeant]

A few years ago I was driving an unmarked K-Car (no emergency lights), but was in full uniform. I was exiting the freeway and was passed, abruptly cut off, and waved at by an apparently unhappy x-ray. Since she was using just her middle finger, it looked like she was summoning me to assist her and she now had my full, undivided attention. She made the same left turn I was going to make and stopped in a parking lot. I was going to just ignore her, but I decided to stop behind her and stepped out of my car.

The look on her face when she saw me in full CHP uniform: :shock: Priceless. I wish I would have had a pinch book with me...

It would be interesting to take to court given 40800 VC... But that comes later... much later...