Charleston, West Virginia
Police Department
11.0 Off-Duty Powers of Arrest and Firearms 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,
by-standers, or suspects 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 Department to determine and regulate those
situations and locations within which a sworn Member is permitted to make an
arrest while off-duty. The purpose of this policy is to provide guidelines to
police officers regarding acceptable criteria for affecting an off-duty arrest.
11.1
Off-Duty Responsibilities
*
While off-duty, the police officer is responsible for immediately reporting any
suspected or observed criminal activities to on duty authorities.
*
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.
*
When an arrest is necessary, the off-duty arresting officer shall abide by all
Departmental policies and procedures.
*
Off-duty officers shall complete a CPD 102 to be turned in with the responding
officer's original report before the on duty officer completes his shift.
11.2
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 Constitution, clearly
established law or the established policies of this Department. In other words,
Members are covered for acts and omissions in the good faith performance of their
duties but are individually liable for intentional, malicious or reckless
misconduct.
11.3
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.
11.4
Permitted Off-Duty Arrests
When
off-duty and only if within the legal jurisdiction of this law enforcement
agency, an officer may make an arrest only when:
* The
arresting officer is not personally involved in the incident underlying the
arrest; and
*
There is an immediate need to prevent a crime or apprehend a suspect; and
* The
crime would require a full custodial arrest; and
* The
arresting officer possesses appropriate police identification.
11.5
Prohibited Off-Duty Arrests. Officers of this agency should not make an arrest
off-duty:
*
When the arresting officer is personally involved in the incident underlying
the arrest; or
*
When the arrest is made solely as enforcement of a minor traffic regulation.
*
When the Officer is off-duty and outside of his jurisdiction. The Officer has
only the same authority to arrest that every other citizen possesses.
Chief of Police
Charleston Police Department
P.O. Box 2749
501 Virginia Street East
Charleston, WV 25330