"Challenge them to ensure that they are in fact suspects that pose a threat rather than an off-duty cop or a citizen possessing a CCW," suggests Harding. "We challenge them by telling them who we are. We challenge them by placing them in a position of disadvantage, maybe gun down, back away, on the ground, and hopefully they do. We also assume that if it is a bad guy that we're challenging, he will turn around and run at a faster pace or he will face us and engage. As long as we have tactical advantage behind cover, then we can properly address that threat."
Once the actual threat has been neutralized and the scene stabilized, it is important that officers in command effectively communicate the status to all personnel on scene. Immediate notification will obviate the need for others, including off-duty officers, to respond. This may also help to avoid setting tragic events into motion such as in the Breitkopf shooting.
Should You Respond?
Former Sedgwick County (Kan.) Sheriff's Office sergeant Steve Nelson appreciates the considerable latitude afforded him to carry a firearm pursuant to the Law Enforcement Officer Safety Act (LEOSA), which allows him to legally carry a gun in every state. Still, the prospect of carrying a firearm in varying jurisdictions and taking necessary action concerns him. "Even new guys on my former department or adjoining ones wouldn't have any idea who I was in a situation where I was forced to act," he says.[PAGEBREAK]Undercover and off-duty police officers also have to ask themselves if their acting in a law enforcement capacity might be putting themselves in harm's way. Considerations that may affect them include a lack of equipment normally associated with the situation, including ballistic protection, radio communication, and a variety of lethal and less-lethal weaponry. Jurisdictional issues are to be weighed, as well as the extent to which an actual exigency exists.
Many departments go out of their way to discourage officers from taking off-duty police action. They tell their cops things like, "Remember, you have no legal or departmental obligation to get involved, especially if such intervention places you in a position of peril or such intervention requires that you behave recklessly, carelessly, or in a suicidal manner."