Channels
Firearms And Tactics Gangs Shots Fired Patrol Tactics Recruit SWAT Training
Author Bio

Dean Scoville

Associate Editor of Police Magazine and a patrol supervisor and investigator with the Los Angeles Sheriff's Department, Sgt. Dean Scoville has received multiple awards for government service.

Read More

Author Bio

Dan Pasquale

Dan Pasquale is a detective with the Tracy (Calif.) Police Department. He spends his spare time writing for PoliceMag.com

Read More

Author Bio

Mark G. Stainbrook

Mark G. Stainbrook is a lieutenant with the Los Angeles Police Department and was recently promoted to lieutenant colonel in the United States Marine Corps Reserve. He has served tours in Kosovo and Iraq.

Read More

Ask The Expert

Have a question??

Ask our expert, Dean Scoville to receive advice on your most perplexing Patrol Tactics issues.

ASK NOW! VIEW Q&A
E-News Sign-Up

PoliceMag.com offers a selection of FREE e-newsletters. Get news and information about topics important to you.

  • OnTarget - Sent to you weekly. General law enforcement news.
  • Firearms & Tactics - Sent to you every other week. Training tips and news on the gun market.
  • Patrol Tactics - Sent to you weekly. Timely information for street cops.
  • Recruit - Sent to you monthly. Advice for the aspiring officer.
  • SWAT - Sent to you weekly. Techniques for tactical team members and leaders.
  • Trainers and Training - Sent to you monthly. Tips, techniques, and advice to help you improve your training and stretch your training dollar.

Products For This Topic
  • December 2008 - Product Patrol

    DVD Partner
    Martel Electronics

    Martel's new DVD Partner in-car digital video system will work for large and small agencies, no computer required. The DVD Partner records directly to a DVD that can be played on a regular DVD player. Because it’s a solid state mobile DVD video recording system, there are no hard drives to freeze or break.

    View More

Responding to Off-Duty Incidents

As Clint said, you’ve got to know your limitations.

May 09, 2007

How often do we find ourselves faced with an off-duty situation that would normally require our direct and immediate intervention if we were functioning in an on-duty capacity? Hopefully, not very often.

But should we find ourselves in such a position, the extent to which we have planned for it ahead of time can optimize our chances for coming out ahead. 

Taking something of a Hippocratic oath--first, do no harm--can help. By not playing into another's hands and needlessly escalating a situation, we minimize both our obligation to take action and any inherent liability if we do.

As law enforcement’s patron saint of off-duty escapades put it, “A man’s got to know his limitations.”

When it comes to the prospect of taking off-duty action, our limitations are:

• Lack of recognizable identification. How will citizens and on-duty officers know the legitimacy of your actions?

• Minimal tactical resources. You’re probably going to lack a ballistic vest, radio communication, backup weapons, radio car, or much in the way of use-of-force options.

• Liability. Will your department back your play when it comes to sanctioning your involvement? Will it cover any possible medical expenditures you incur incident to your actions?

While many state laws give law enforcement officers authority to act as peace officers anywhere within their state, the duty to exercise that authority while off-duty is usually defined by agency policy. That definition can include limiting an officer’s justifiable actions to those situations wherein there is immediate danger to person or property or of the escape of the perpetrator.

Therefore, unless you’ve observed the commission of a crime involving immediate danger to person or property or you have received prior approval from local authorities, you should not take any action in the capacity of a peace officer.

Notifying the police agency having jurisdiction is the best option, particularly as most officers have the luxury of cell phones to do so.

Finding yourself involved in an action outside policy can result in you defending yourself in a civil action without benefit of your department’s legal counsel.

Unfortunately, you can find yourself involved in off-duty incidents despite having no desire to do so. Statistics show that a number of off-duty incidents can be attributed to deputies and officers who put themselves in the wrong place at the wrong time. An example of this might be a late night withdrawal at an ATM. Other off-duty incidents might be precipitated by impaired judgment due to alcohol intoxication.

Officers should consider the possibility of being present when a crime takes place, and not only minimize their need to become involved, but the likelihood of becoming a collateral casualty. Carrying a second wallet or set of car keys (cuff keys can be dead giveaways, literally) are good ideas.

And as proud as you are of being a cop, think about when and where to wear law enforcement t-shirts, hats, and other logo wear. Post-incident interviews with aggravated assault suspects bear out that many consciously picked out their victims by their choice of such attire.

Above all, sit down and talk with your family members. Have a game plan in place in anticipation of any possible off-duty incidents. Make sure they know what to do.

Once uniformed officers are on the scene of an incident wherein the presence of an off-duty officer has become known, the senior or lead officer needs to take control of the situation. He or she needs to issue commands so as to minimize the likelihood of friendly fire, first by establishing containment of any known suspects, then by displacing the off-duty officer to a location where he is neither a threat to uniformed personnel nor subject to friendly fire. It is imperative that one officer issue commands so that there is no conflicting information and everyone is apprised of the circumstances.

Even when the most conscientious officers are involved, off-duty incidents can and have resulted in tragic consequences.

A 2006 practical app study on off-duty/plainclothes incidents conducted by the Wauconda Police Department determined that officers easily understood how off-duty cops could be shot. Keep in mind that, although most of our time is spent off-duty, the majority of our training is focused on surviving on-duty incidents.

Sometimes your best option when you witness an off-duty incident is to be a good witness.

author: Dean Scoville | posted @ Wednesday, May 09, 2007 12:03 PM

Comments

 
     

jpb1972 @ 6/2/2007 7:45 AM

Very good topic, there can never be enough discussion about this type of incident. As the article states, we are not trained in off duty scenerios ,as most of our training refers to being on duty.
As far as being id'd as an off duty officer on scene, how many of us carry off duty ,and when we do are we carrying a badge on our belt ,holster side.
Any comments on this?


     

LHellinga @ 6/20/2007 3:46 PM

Very good article. I carry most of the time when off-duty, and always have my badge and a cell phone, on my weak side, so I can hold my gun and retrieve my ID and phone. If I don't have my weapon, I don't have my badge. Also my wife is very clear on if she needs to call 9-1-1, to advise them I'm an officer in plain clothes.


Write Comment

Please log in to write a comment.

New user? Sign up for new membership now!

COPYRIGHT © 2008 POLICE Magazine. ALL RIGHTS RESERVED.