Can Retired Officers Enforce The Law?

Rainman

Rainman

Well-Known Member
Can a police officer on virtue of having served on the force, make an arrest when the need arises. Say the retired officer catches a criminal right in the act of doing something and he [the cop is armed]. Should [or do they ] take action, make the arrest? Or should they like any other person call the police and report the crime so "real" cops can dash over to make the arrest?
 
I would like to know about this myself, I've had plenty of times of this happening to my friends in real life. What they will do and what they should do are two different things though. Most, being retired will try to stop and then phone in. But the reverse order is actually what should go on. Call for an old friend or something and have them hit the force, or dial the force up. And then try stop/apprehend the perp in question.
 
I think that retired officers, not those who have been discharged or suspended could be used as a walkaraound civilian officer. They would go about their normal lives but at the same time be able to take action. For this I think they would need courses every 3-4 months and have meetings in order to establish there work and what they can do. It is an idea that would need a lot of work.
 
Rainman said:
Can a police officer on virtue of having served on the force, make an arrest when the need arises. Say the retired officer catches a criminal right in the act of doing something and he [the cop is armed]. Should [or do they ] take action, make the arrest? Or should they like any other person call the police and report the crime so "real" cops can dash over to make the arrest?
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The logical answer would be that they have no authority and would call like anyone else. In reality, a retired police person has spent most of their life as a cop, and had authority when not on the clock, as well. That isn't going to just shut off. If it was a very small town, and the locals knew who the retired man was, I think he would try (and probably be successful) at apprehending someone. Even if it wasn't someone he knew, and he acted as if he was still active, who is going to stop in the middle of the arrest process and asked to see proof he's active?
 
I would assume that they could perform a "citizen's arrest" and probably wouldn't hesitate to do so if they were still physically able. This certainly happens in the UK, but I do appreciate that there is less of a danger in this country because of our gun control laws. Where there is the possibility of guns being involved, I would assume people would tread more carefully.

I would be interested to know whether retired cops still feel as though they would act in such situations or would they leave it for the active cops to deal with.
 
They would have no more authority to arrest someone than what the general public has. Some Jurisdictions allow for people to make a citizens arrest until a police can come and take them away. Other jurisdictions see this as a form of kidnapping and the person restraining the guy could be charged. It all depends on where you are.
 
As far as i know i have only known that a retired officer can carry a concealed weapon in any state under the Law Enforcement Officers Safety Act. You just need to obtain a valid ID from the department you retired from.Regarding law enforcement,i think they are bound by civilian laws if they are out of service,because then there would be no difference between ex servicemen and the present ones.
 
Citizens can make an arrest as well, but most of us don't know it. If you see and crime that you can prevent it is your duty has a fellow american to make a citizens arrest, the problem comes in when it's just to dangerous for us. Most people don't want to take the risk to help someone else.
 
Kittyworker said:
They would have no more authority to arrest someone than what the general public has. Some Jurisdictions allow for people to make a citizens arrest until a police can come and take them away. Other jurisdictions see this as a form of kidnapping and the person restraining the guy could be charged. It all depends on where you are.
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Thanks for clarifying this part, I was going to ask as to how different is that from normal people exercising citizen's arrest. I guess I didn't have to.
 
Rainman said:
Can a police officer on virtue of having served on the force, make an arrest when the need arises. Say the retired officer catches a criminal right in the act of doing something and he [the cop is armed]. Should [or do they ] take action, make the arrest? Or should they like any other person call the police and report the crime so "real" cops can dash over to make the arrest?
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I have to assume when you retire you lose that power of authority. If a crime was in progress you would have to do what a civilian would normally do and call the real cops. I am not certain if they would also be allowed to keep the patrol EDC either.
 
It is everyone's duty to do their part in enforcing the law. This does not mean that you have to arrest the person, enforing the law means reporting crime and assisting police officers by answering questions properly while they are investigating. Most crime goes unpunished because people do not report it.
 
He could perform a citizen's arrest, but he has no more power than any of us. However I suppose he could call any of his friends who are still in active service to make the arrest.
 
Kittyworker said:
They would have no more authority to arrest someone than what the general public has. Some Jurisdictions allow for people to make a citizens arrest until a police can come and take them away. Other jurisdictions see this as a form of kidnapping and the person restraining the guy could be charged. It all depends on where you are.
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Citizen's arrest initially came to mind for me when reading this thread. Like anyone else, they would be able to exert the same authority a pedestrian has that comes across a crime. The difference is that the retired officer is more knowledgeable regarding the law and is more equipped in handling such situations.
 
I don't think they can themselves, but they can get someone there pretty fast, so I would respect them as if they still were police officers.
 
Patrick said:
He could perform a citizen's arrest, but he has no more power than any of us. However I suppose he could call any of his friends who are still in active service to make the arrest.
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This is what I'd say. He's still sure to have connections and ties throughout the region, so other cops may take more kindly to a citizens arrest in his stead.
 
I am a bit confused in relation to this, are everyone not allowed to perform civil arrests if they see someone performing an illegal activity, how does the rules for this specifically work?
 
tanker said:
It is everyone's duty to do their part in enforcing the law. This does not mean that you have to arrest the person, enforing the law means reporting crime and assisting police officers by answering questions properly while they are investigating. Most crime goes unpunished because people do not report it.
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He could still report it and gather proof of the crime in progress. He cannot go over and enforce the law since the real cops have to go and do that.
 
I don’t have knowledge regarding this but if you were to ask me, I see nothing wrong with them arresting an offender even if they are already retired. There is a bill called a citizen’s arrest which is somewhat like this, where citizens can arrest offenders even if they have no badges or not cops to solve the increased crime which cannot be fully covered by the whole police force. I think this very beneficial but there are also disadvantages where power can be abused.
 
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