Police officers of any kind are commisioned......... - Saab General Bulletin Board - Saabnet.com
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Police officers of any kind are commisioned.........
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Posted by Nahum Cook (more from Nahum Cook) on Sun, 10 Sep 2006 20:14:46 Share Post by Email
In Reply to: Would you stop for an unmarked cop?.., Mike Lynch [Profile/Gallery] , Thu, 7 Sep 2006 18:14:15
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This means there on the job 24/7 regardless of whether they are on duty or not. Common sense dictates he shoulda called it in and waited for another on-duty officer with him as the witness to the violation or suspicion. Still as long as he declared himself an officer and showed his badge every citizen is obligated to obey an order given to them. Now this doesn't mean you should just blindly follow directions. If Foley had any reason to question the validity of the officer he coulda asked for his badge number and called in the local PD and had it verified.

Now from reading what is in the starting thread, it looks as if the officer was goaded by Foley as he claimed the gun was fake, stupid on Foley's part but that did not give the officer valid reason to discharge his firearm. Look it up under any states firearm code and it most likely has it as some form of misdemeanor for firearm discharge outside of self defense unless you are hunting or at a firering range etc. So already the officer by discharging has caused himself a major issue with IAB but its unclear what led to Foley being shot. You were kinda vague on that Mike.

Now as for the off duty officer carrying his weapon. Most states either require or make optional for an officer of the law, off-duty or retired whatever there status, carry there service pistol through a local or state staute. If a state does not require it, then an officer is bound by all gun control laws and must have a permit to carry. If in that case he still is protected under all stautes that an on duty officers would be provided for discharging a weapon in a police situation, for example you yourself are an off duty police officer and you come home from a long shift only to witness your neighbor be shot. Regardless of the fact your off duty, the commision you have as an officer affords all powers of an on duty officer. You might though have lots more paper work to file and more questions to answer than an on-duty officer would have to go through.

Sorry, got a way from the begining because i wanted to answer questions in the other replies. In the end, i believe the off duty officer shoulda had Foley stay in the car until an on-duty officer showed up and gone from there.

Nahum Cook
Sigma Pi till i die
1997 saab 9000 cse.


posted by 199.8.17...


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