Can an off Duty police officer make a traffic stop?

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I was pulled over for a traffic violation by an off duty officer and held at the scene until an on duty officer arrived.

Attorney Answers

2
Amy Morell ·
as John stated, you can get stopped by an off duty officer if you committ an infraction, misdemeanor or felony in his or her presence. Offciers are really never "off duty." However, sometimes jurisdictional defenses come into play. Meaning the officer did not have "jurisdiction" to stop you.
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Linda Callahan ·
I believe the answer depends on OH state law, so you should contact an attorney who practices criminal law in OH. I do not practice law in OH, so my answer is given only from a layperson's perspective. In my state, WA, the length of the detention would be at issue, because if the length of time you were held could rise to a "seizure" it would violate the 4th amendment which prohibits unreasonable seizures and seizures without a warrant or probable cause to believe a crime has been or is being committed. In our state, an off-duty police officer does have the right to make an arrest (seizure) for a misdemeanor (crime--not a simple infraction) that is committed in his or her presence. Exceptions do apply however. You can find out what the law is in OH by contacting an attorney who practices in your area. I recommend searching on the website NCDD.com.
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