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  • Hr-218

    As a retired PO I am familiar with the provisions of HR-218 and being allowed to "carry concealed". Does anyone know or have any information available about a retired law enforcement officer making an actual "arrest". I know as a active PO, being off duty and seeing either a misdeaminor or felony occuring, I was mandated by NYS Law and department police to take appropriate action.
    I would imagine that being allowed to carry, we would also have the power of arrest, moreso that a private citizen would.

  • #2
    Originally posted by Chris116 View Post
    As a retired PO I am familiar with the provisions of HR-218 and being allowed to "carry concealed". Does anyone know or have any information available about a retired law enforcement officer making an actual "arrest". I know as a active PO, being off duty and seeing either a misdeaminor or felony occuring, I was mandated by NYS Law and department police to take appropriate action.
    I would imagine that being allowed to carry, we would also have the power of arrest, moreso that a private citizen would.
    That would be something that would have to be decided by the state, not a national law, because a peace officers jurisdiction is different in every state. For instance here in Florida, the only way I can make an arrest outside of my city is if I'm deputised for some reason or another (but that holds true for any citizen, not just LEO). Same goes for Deputies, they can only make arrests in their county.

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    • #3
      In California, most law enforcement jurisdictions will require an off-duty or retired officer, who makes an arrest of a suspect, do so as a citizen under the laws of "Citizen's Arrest" - California Penal Code Section 837:

      Section 837 of the California Penal Code provides:

      A private person may arrest another:

      1. For a public offense committed or attempted in his presence.

      2. When the person arrested has committed a felony, although not in his presence.

      3. When a felony has been in fact committed, and he has reasonable cause for believing the person arrested to have committed it.

      HR 218 does not address the subject of arrest.
      Be courteous to all, but intimate with few, and let those few be well tried before you give them your confidence!

      [George Washington (1732 - 1799)]

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      • #4
        Remember, LEOSA does NOT confer "Universal Police Powers" on you. All it does is allow you to CCW. You still have to abide by whatever local regulations joe-sitizen has to follow.

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        • #5
          Hr 218

          As a Retired Alabama Department of Public Safety Officer, my arrest powers are those of a private person. As previously, and correctly noted, HR 218 does not confer arrest powers other than those an Officer already has. It's possible some jurisdictions confer full powers of arrest on Retired Officers, but I suspect they're rather few.

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          • #6
            Originally posted by StudChris View Post
            That would be something that would have to be decided by the state, not a national law, because a peace officers jurisdiction is different in every state. For instance here in Florida, the only way I can make an arrest outside of my city is if I'm deputised for some reason or another (but that holds true for any citizen, not just LEO). Same goes for Deputies, they can only make arrests in their county.
            Um, if I remember right, we can make an arrest for any violent crime as well as a felony any where in the state. That's my understanding of it, as explained to me by my LT.
            You have the right to remain silent, but apparently you lack the skill to exercise that right.

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