Do off duty city police officers have jurisdiction to pull an individual over?

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Do off duty city police officers have jurisdiction to pull an individual over?

Asked on January 26, 2012 under Criminal Law, West Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of all states, an off duty police officer has the authority to pull an individual over who is believed to have committed a crime and to arrest that person if circumstances warrant. The authority to do so is based upon statute as well as common law.

By analogy, an ordinary citizen under common law can arrest a person believed to have committed a crime. Such a circumstance is known as a "citizen's arrest".


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