General Question

jballzz's avatar

If you fight a police officer when he's off duty, is it still considered assault on a police officer?

Asked by jballzz (664 points ) April 24th, 2011

Just a random question that popped into my head.

Observing members: 0 Composing members: 0

10 Answers

zenvelo's avatar

Only if he identifies himself as a police officer.

linguaphile's avatar

Ask Johnpennington for the most accurate answer :)

My guess is, no, it shouldn’t be an assault on a police officer, but good luck dealing with his buddies.

seazen_'s avatar

Yes. If he identifies himself first. Period.

Oh, and undercover of course.

John?

JilltheTooth's avatar

Did anyone have the presence of mind to actually send this to John??? Other than me, I mean

seazen_'s avatar

Yes dear.

iamthemob's avatar

It very well might.

The crime may very well be considered strict liability in the sense that statutory rape is. You don’t need to have any idea that someone is underage to be convicted of it…and, in fact, you could be lied to and even see a fake ID and you’re still guilty of it.

So, it most likely depends on what the state law is for your question .

heresjohnny's avatar

California Penal Code 243b states the assault/battery must occur in the performance of the officer’s duty, whether on- or off-duty.

Roby's avatar

I would hope so!

john65pennington's avatar

I got in on this question really late.

In my city, a police officer is never off-duty. We are on-call 24/7.

To answer this question, I will give an example of a police officer off-duty. Generally, police officers do not like to make an arrest on their off time. Many reasons for this. He may be with his family and endanger them and being in street clothes does not mean much to most of the public. Its really a dangerous situation. But, it does and can happen.

Three off-duty detectives were having breakfast one morning at a restaurant that was in a small shopping mall. All the stores were on one level. An armed robbery was taking place two businesses down from the restaurant. A civillian came in the reastaurant that knew the officers and told them. The officers ran out the front door as the armed robber was also leaving the business he had just robbed. The officers ordered him to stop….police officers. The armed robbery turned around and fired one shot at them. The detectives opend fire and killed the robber. The shooting was declared a good police shooting, based on current rules and regulations of the department and by Tennessee State Law. This is why most officers, off-duty, plain clothes, and retired carry weapons.

I would not attempt to stop a traffic violator, off-duty, and in plain clothes. Its not worth it.

Off-duty officers always carry their badge and photo police identification. Once a police officer announces his authority and displays his police identification, this is all the law requires for an officer off-duty to make an arrest.

Any resistance to this arrest is assault and resisting arrest.

A police officer can make an arrest anytime, anywhere, anyday and for any reason, on-duty or off-duty.

seazen_'s avatar

JOHN said: Off-duty officers always carry their badge and photo police identification. Once a police officer announces his authority and displays his police identification, this is all the law requires for an officer off-duty to make an arrest.

Any resistance to this arrest is assault and resisting arrest.

A police officer can make an arrest anytime, anywhere, anyday and for any reason, on-duty or off-duty.

Yep, that’s what I thought. Thanks John.

Answer this question

Login

or

Join

to answer.

This question is in the General Section. Responses must be helpful and on-topic.

Your answer will be saved while you login or join.

Have a question? Ask Fluther!

What do you know more about?
or
Knowledge Networking @ Fluther