Model Policy


Effective Date Revised:  October 1, 1996		Number	
Subject Off-Duty Conduct: Powers of Arrest			
Reference  		Special Instructions	
Distribution	Reevaluation Date October 1, 1997	No. Pages	

I.	PURPOSE
	The purpose of this policy is to provide guidelines to police officers regarding acceptable criteria for effecting an off-duty arrest.

II.	POLICY
	Off-duty officers are often faced with situations involving criminal conduct that they are neither equipped nor prepared to handle in the same manner as if they were on duty.  This may lead to unnecessary injuries to off-duty officers, and confusion for those on-duty officers arriving at the scene trying to correctly assess the facts.  In order to promote safety and efficiency, it is the policy of this police department to determine and regulate those situations and locations within which a sworn member is permitted to make an arrest while off-duty.

III.	DEFINITION
	Personally involved:  An officer is deemed personally involved where the off-duty officer, a family member, or a friend becomes engaged in a dispute or incident involving a personal matter with the person to be arrested or any other person connected with the incident.  This does not apply to situations where the police officer is a victim of crime.

IV.	PROCEDURES
	A.	Liability Protection
		Officers of this agency have liability protection for the on- and off-duty performance of official duties.  This protection does not extend to acts intended to cause injury or damage, or to those actions that the police officer knew, or reasonably should have known, were in conflict with the law or the established policies of this department.
	B.	Permitted Off-Duty Arrests
		When off-duty and within the legal jurisdiction of this law enforcement agency, an officer may make an arrest only when
		1.	The arresting officer is not personally involved in the incident underlying the arrest; and
		2.	There is an immediate need to prevent a crime or apprehend a suspect; and
		3.	The crime would require a full custodial arrest; and
		4.	The arresting officer possesses appropriate police identification.
	C.	Off-Duty Responsibilities
		1.	While off-duty, the police officer is responsible for immediately reporting any suspected or observed criminal activities to on-duty authorities.
		2.	Except as allowed by this policy, off-duty officers should not enforce minor violations such as harassment, disorderly conduct, or other nuisance offenses.  On-duty personnel shall be contacted to respond to the situation where an off-duty officer becomes aware of such violations.*
		3.	Where an arrest is necessary, the off-duty arresting officer shall abide by all departmental policies and procedures.
	D.	Prohibited Off-Duty Arrests
		Officers of this agency may not make an arrest off-duty:
		1.	When the arresting officer is personally involved in the incident underlying the arrest; or
		2.	When engaged in off-duty employment of a non-police nature, and the officer=s actions are only in furtherance of the interests of the private employer; or
		3.	When the arrest is made solely as enforcement of a minor traffic regulation.  Despite the fact that a police officer has police powers and responsibilities 24 hours a day throughout the jurisdiction, the off-duty officer should not enforce minor traffic regulations.

*This portion of the policy may differ for those departments utilizing a take-home car policy.


This project was supported by Grant No. 93-DD-CX-K009 awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice.  The Assistant Attorney General, Office of Justice Programs, coordinates the activities of the following program offices and bureaus:  the Bureau of Justice Assistance, the Bureau of Justice Statistics, National Institute of Justice, Office of Juvenile Justice and Delinquency Prevention, and the Office of Victims of Crime.  Points of view or opinions in this document are those of the author and do not represent the official position or policies of the United States Department of Justice or the International Association of Chiefs of Police.

Every effort has been made by the IACP National Law Enforcement Policy Center staff and advisory board to ensure that this model policy incorporates the most current information and contemporary professional judgment on this issue.  However, law enforcement administrators should be cautioned that no Amodel@ policy can meet all the needs of any given law enforcement agency.  Each law enforcement agency operates in a unique environment of federal court rulings, state laws, local ordinances, regulations, judicial and administrative decisions and collective bargaining agreements that must be considered.  In addition, the formulation of specific agency policies must take into account local political and community perspectives and customs, prerogatives and demands; often divergent law enforcement strategies and philosophies; and the impact of varied agency resource capabilities, among other factors.