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Off Duty LEO

Posted: Tue Aug 12, 2008 11:56 am
by tboesche
Saturday, as I was leaving my house, I was passing by the home of a LEO, that lives across the street from me. This guy is not overly friendly with the neighbors and generally keeps to him self, but seems to be a decent guy. Anyway, he is in the driveway washing his new motorcycle. A Ducati. he also has a 2008 Mustang in the garage. As I am a Mustang driver and a Ducati rider myself, I stop to chat for a sec. I get out of my 'Stang and walk up the driveway, saying something to the effect of, "I see you traded up" refering to the "stang as opposed to his old camaro. We talked for about 10 minutes, about bikes cars and Autocross. As we wrap up the conversastion, I turn to leave and the wind blows my shirt tail and he gets a full view of my taurus PT-111. He asks me what I do for a living. After I tell him, he says, "so you have a CHL?" I replied yep. He just kinda nodded his head. We chatted for a few more minutes and I went on my way.

This raises a question, What authority does an off-duty LEO have? Not that I would have, but could I have just ignored him? What if did not have a CHL, could he have arrested me, or just called it in. By the way he is FWPD.

Re: Off Duty LEO

Posted: Tue Aug 12, 2008 11:58 am
by WildBill
tboesche wrote:This raises a question, What authority does an off-duty LEO have? Not that I would have, but could I have just ignored him? What if did not have a CHL, could he have arrested me, or just called it in. By the way he is FWPD.
A cop is a cop 24/7.

Re: Off Duty LEO

Posted: Tue Aug 12, 2008 3:14 pm
by kidder014
From my understanding, he has full authority in his jurisdiction 24/7. Outside of his jurisdiction he has authority to arrest for any felony and various misdemeanor offenses.

I don't think I would've ignored him regardless... just my .02!

Re: Off Duty LEO

Posted: Tue Aug 12, 2008 4:01 pm
by boomerang
I don't think him being a LEO was relevant because he didn't ask for ID.

He's a neighbor and you had a pleasant conversation with him. As you're walking away, the wind exposed your handgun. I think the neighborly thing to do is admit you have a CHL if he asks but maybe that's just me.

Re: Off Duty LEO

Posted: Tue Aug 12, 2008 7:16 pm
by bryang
I wouldn't have ignored him and just because he was off duty does not mean he didn't have any authority...a LEO is always on duty...24/7. :patriot:

-geo

Re: Off Duty LEO

Posted: Tue Aug 12, 2008 7:28 pm
by Excaliber
boomerang wrote:I don't think him being a LEO was relevant because he didn't ask for ID.

He's a neighbor and you had a pleasant conversation with him. As you're walking away, the wind exposed your handgun. I think the neighborly thing to do is admit you have a CHL if he asks but maybe that's just me.
I agree.

Let's keep in mind this was not an LEO initiated stop, and the exposed weapon that raised the question was tboesche's faux pax. The off duty officer asked the same question almost anyone would have in his mind when he observed the weapon.

Under these circumstances I believe the person who failed to keep the weapon concealed owes anyone who saw it the explanation that he has a CHL. An apology would also be appropriate, though optional. Failure to clear the air with the CHL in a neighborhood setting might well result in lingering suspicion and rumors. In a public setting, it may result in a call to LE and a subsequent stop.

Additional thought should also be given to how accidental exposure of the weapon can be prevented in the future. The wind will continue to blow in Texas........

Re: Off Duty LEO

Posted: Wed Aug 13, 2008 1:27 pm
by jbirds1210
I would say that he has the right to ask anything he wants....you were on his property! :biggrinjester:

Jason