Personally I would stop by and talk to the Sheriff about my illegal detention by one of his officers. At the very least I would have a talk with him about his deputy confronting people when he is with his children. What an idiot. There was a case in California years ago where an off duty officer witnessed a robbery in progress. He told his daughter to hide by a parked car and confronted the robber. A gunfight ensued and the robber realized the girl was with him and shot the girl so he could get away from the officer.
stopped by off duty deputy at Wal-Mart
- Thread starter speedycat
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Cosmoline
Member
Local and state rules for off-duty officers vary widely. Some areas permit off-duty cops enormous latitude and even allow them to work, for pay, as hired guns off hours. Other areas forbid such conduct by code and department rules. There are really big liability issues for permitting it, since the officer is out of the chain of communication, out of the chain of command, not in his gear and operating without backup. It's just a bad idea all around especially if you actually are a real criminal.
Exactly what he was doing, and whether he thought he was working for Wal-Mart or not, isn't clear. You did right in complying and getting his info, but of course you should have written it down.
Reactions you get to open carry will also vary widely. VERY widely. From being shot dead in NYC to no reaction at all in Anchorage. This depends not only on the law, but on the local culture and police attitudes.
Standing Wolf
Member in memoriam
That was my second or third thought.
Deltaboy1984
Member
You should have took his name, dept and badge number and went in had a talk with his boss. If that didn't work the lawyer up and sue!
Mainsail
Member
Deltaboy said:
He cannot sue, at least not successfully, if he engaged the officer in a friendly chat and volunteered his permit, info, and gun. That's what he did. If he wasn't detained, and the officer told him he wasn't, then the encounter was consensual. He has no recourse in court.
06
Member
Go see his boss---the sheriff--an elected official. Ask for a formal apology--at the least. Talk with the county commissioners at their next meeting about the actions of this clown and point out the circumstances(and dangers) with his child present.
coolluke01
Member
I had a situation where an officer gave me a reckless driving ticket for spinning my tires on some loose sand on the road. I called the prosecuting attorney who got in contact with the Chief of police. The officer that gave me the ridiculous charge had to call me and tell me their were going to drop the charge to a petty misdemeanor from the gross misdemeanor it was. The Chief called me right after and asked if he had apologized. I told him he had not apologized but had dropped the charge to the petty misdemeanor. I forgot to pay the $50 fine and a few weeks later the Chief called again just to make sure that I wasn't upset and if I was going to pay the fine.
I say this because I think most Chiefs do have a strong desire to have their officers deal with the public properly.
You also have the right to protect yourself against unlawful search and seizure.
Also note that you can never use deadly force against an officer. This may be a no-brainer but I think it's worth mentioning.
I say this because I think most Chiefs do have a strong desire to have their officers deal with the public properly.
You also have the right to protect yourself against unlawful search and seizure.
Also note that you can never use deadly force against an officer. This may be a no-brainer but I think it's worth mentioning.
hermannr
Member
I think that this is grounds for a formal complaint, and he can sue, don't ever think he cannot.
If he would win or not would be the impression the off duty deputy made on the Wal-Mart counter person, as it sounds like the counter person wopuld be the only witness, and what is shown on the security camara.
I think a formal complaint would be sufficent at this point. He might request a copy of the security video from Wal-Mart as evidence.
My reaction to someone like that would probably be: "You've been watching too many episodes of COPS eh? Am I going to allow the (even temporary) theft of my carry, H@ll no. Would I physically resist?...my elbow would be on my carry pretty hard and I sure would not take it out of it's holster myself.
If he would win or not would be the impression the off duty deputy made on the Wal-Mart counter person, as it sounds like the counter person wopuld be the only witness, and what is shown on the security camara.
I think a formal complaint would be sufficent at this point. He might request a copy of the security video from Wal-Mart as evidence.
My reaction to someone like that would probably be: "You've been watching too many episodes of COPS eh? Am I going to allow the (even temporary) theft of my carry, H@ll no. Would I physically resist?...my elbow would be on my carry pretty hard and I sure would not take it out of it's holster myself.
Art Eatman
Moderator In Memoriam
Justifiable venting, but not much discussion of actual law in WV...
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