Recently I was asked about an arrest/traffic citation by an off duty officer. Asking for more information the facts were that an off duty officer observed this person driving a car and a few hours later arrived at his home in uniform and issued a citation for driving under suspension.
Before explaining that it is allowed, I asked if the police officer stops being a police officer when going off duty. Does the officer’s oath to enforce the law stops when the uniform comes off? The questioner answered, “Well, no. I guess not.” Indeed a police officer is on duty 24 hours per day for his whole career. That is why a badge, ID, handcuffs and a weapon are carried even when off duty.
Would you want a police officer to witness a man in the grocery beating on a woman and not make an arrest? No, of course not, the officer would be expected to step in, make an arrest and turn the man over to an on duty officer when one arrives.
I will describe an incident in which I stepped in while off duty. Coming back from a movie in Piqua with my wife and another couple, I saw a vehicle approaching my six at a very high rate of speed and traveling without headlights. I pulled to the berm and saw the car rear end another car, go off the road and become stuck in mud.
After checking the other driver who assured me she was not injured, I sent the wife to the rest area to call for the Ohio State Patrol. Awaiting the arrival of the Trooper, other drivers had stopped and were watching the passenger throwing beer cans from inside the vehicle while the driver tried to get the car out of the mud.
Although he was spinning the tires like he was on ice, the car fishtailed and moved very slowly until he started making it up the slope but was about to reenter the Interstate going the wrong way. I did not question if I was on duty or not, I was observing a drunken kid about to create a horrible collision.
I ran up to the driver’s door and pulled him out the window, applied the handcuffs and held on to him until the Trooper arrived. The passenger tried to intimidate me and threaten me but I told him to shut up and sit quietly. He did.
It turned out the two underage boys, being only 18 years old were highly intoxicated. The Trooper charged the driver with OVI, Attempted Leaving the Scene of an accident, underage consumption and the ACD of the woman’s car. The guy plead guilty as charged.
As for the uniform, yes the law states the officer must wear the uniform of the day if the officers “Exclusive or main purpose of enforcing motor vehicle or traffic laws of this state, provided the offense is punishable as a misdemeanor, shall wear a distinctive uniform.
This is why Detectives, off duty officers and those not driving a marked patrol vehicle can still make an arrest for misdemeanor crimes. I have made DUS arrests while off duty when I saw people drive into gas stations for cigarettes. All cases of this type were handled at a later time when I was on duty but the cases still went through the courts successfully.
Following is the Ohio Revised Code dealing with uniformed officers.
4549.15 Distinctive uniform for traffic officers.
Every member of the state highway patrol and every other peace officer, while such officer is on duty for the exclusive or main purpose of enforcing motor vehicle or traffic laws of this state, provided the offense is punishable as a misdemeanor, shall wear a distinctive uniform. The superintendent of the patrol shall specify what constitutes such a distinctive uniform for the state highway patrol.
Effective Date: 10-25-1979
