Logan Township, New Jersey
Police Department
Standard Operating
Procedure
Subject: Off Duty Arrests
Effective
Date: January 1, 2000
Review
Date: January 1, 2004
Rescinds
Order Dated: 1-31-03
Purpose
The
purpose of this policy is to provide guidelines to police officers regarding
criteria for effecting an Off Duty arrest. Off Duty officers are often faced
with situations involving criminal conduct that they are neither equipped not
prepared to handle in the same manner as if they were on duty. This may lead to
injuries to Off Duty officers and confusion for those on-duty officers arriving
at the scene to correctly assess the facts. In order to promote safety, it is
necessary to determine and regulate those situations and locations within which
a sworn member is permitted to make an arrest while Off Duty. On the other
hand, minor offenses should not be directly enforced by Off Duty officers.
Procedure
I.
Definition
A.
Personally Involved: Where the Off Duty officer, a family member or a friend
becomes engaged in a dispute or incident with the person to be arrested, or any
other person connected with the incident. This does not apply to situations
where the police officer himself is a victim of a crime.
B.
Unauthorized Arrest: Any enforcement action, including arrest, that is not
authorized by this policy.
C.
Authorized Arrest: Arrests that are authorized by this policy.
A.
The police officers of this department have liability protection for the on and
Off Duty performance of permitted official duties. This protection does not
extend to willful acts 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 policies of this department.
III. Off Duty Police Officer's Responsibilities Within The
Territorial Limits Of This Jurisdiction
A.
When Off Duty and within this jurisdiction, a police officer may make an
authorized arrest only when:
1.
The arresting officer is not personally involved in the incident underlying the
arrest; and
2.
There is an immediate need for the prevention of a crime or apprehension of an
actor suspected of committing a crime; and
3.
The arresting officer is in possession of appropriate police identification and
is armed; and
4.
The officer can effect an arrest without creating a greater risk of safety to
himself, the victim and/or innocent bystanders.
5.
While a police officer is not required to make an Off Duty arrest in each
instance, an officer does have a duty to notify on-duty personnel in an
emergency, or if any of the criteria listed in this section I-4 is not met,
then the officer must:
a.
Dial 9-1-1 for assistance or advise another person to dial 9-1-1
b.
Note the physical description of the offender and/or vehicle
c.
Aid the victim
d.
Assist responding units
B.
Within this jurisdiction, arrests for motor vehicle violations, petty offenses,
disorderly persons offenses are authorized as follows:
1.
The arresting officer is in possession of appropriate police identification and
is armed; and
2.
The officer can effect an arrest without creating a greater risk of safety to
himself, the victim and/or innocent bystanders; and
3.
Call 9-1-1 as soon as possible, or, if the officer cannot effect an arrest as
outlined in this section B-1,2, call 9-1-1 immediately and provide:
a.
The physical description of the vehicle, direction of travel and the physical
description of the suspect
b.
Aid to the victim
c.
Assistance to the responding on-duty units
4.
Assist on-duty responding units.
C.
Off Duty Responsibilities
1.
While Off Duty, if an arrest cannot be effectuated as outlined in this Section
III, A & B, it is the responsibility of the police officer to immediately
report any suspected or observed criminal activities to on-duty authorities.
2.
When an arrest is necessary for a crime committed in the officer's presence,
the Off Duty arresting officer shall follow all departmental policies and
procedures.
IV. Off Duty Police Officer's Responsibilities Off Duty
The Territorial Limits Of This Jurisdiction
A.
When Off Duty and off duty this jurisdiction a police officer may make an
authorized arrest only when:
1.
The arresting officer is not personally involved in the incident underlying the
arrest; and
2.
There is an immediate need for the prevention of a crime or apprehension of an
actor suspected of committing a crime; and
3.
The arresting officer is in possession of appropriate police identification and
is armed; and
4.
The officer can effect an arrest without creating a greater risk of safety to
himself, the victim and/or innocent bystanders.
5.
While a police officer is not required to make an Off Duty arrest in each
instance, an officer does have a duty to notify on-duty personnel in an
emergency, or if any of the criteria listed in this section I-4 is not met,
then the officer must:
a.
Dial 9-1-1 for assistance or advise another person to dial 9-1-1
b.
Note the physical description of the offender and/or vehicle
c.
Aid the victim
d.
Assist responding units
B.
Enforcement or arrests for motor vehicle violations, petty disorderly or
disorderly offenses off duty the territorial limits of this jurisdiction are
unauthorized arrests.
1. If
the offense poses an on-going threat to the public, e.g. a drunk driver, the
officer shall immediately notify the police department that has jurisdiction.
2. If
an Off Duty officer decides to arrest for a motor vehicle violation, petty
disorderly or disorderly offense, the Off Duty officer is not acting on behalf
of the Logan Township Police Department. Arrests of this nature are considered
to be unauthorized arrests.
C.
When engaged in Off Duty employment of a non-police nature, arrest is not
authorized if the officer's actions are only the furtherance of the interests
of the private employer.
A.
Police officers may receive subpoenas for testimony resulting from Off Duty
arrests. Police officers shall be given time off to attend court hearings
resulting only from authorized Off Duty arrests.
B. If
the court appearance resulting from the permitted Off Duty arrest occurs during
the officer's scheduled time off, then he shall be compensated as specified in
the collective bargaining agreement.
C.
Police officers will not be given time off or monetarily compensated for court
appearances resulting from unauthorized Off Duty arrests.
A.
Anytime that an Off Duty officer is involved in any arrest, he shall, within
eight (8) hours of the incident, notify his immediate superior.
1.
This would include situations when the officer has made an arrest. Where an
officer has witnessed an offense he shall complete an investigation/incident
report.
2.
Within 24 hours, any officer involved in an Off Duty incident shall complete an
Arrest Report, investigation/incident report and submit the report directly to
the Chief of Police.
Chief of Police
Logan Township Police Department
125 Main Street
Bridgeport, NJ 08014