sorry for making one of these threads again.
but can the police pull you over and fine you on there day off in there own car and out of uniform?
They can do what they like within the law. They are police officers.
Last edited by wraith; 04-03-2010 at 01:39 PM.
An employed police officer is never off-duty.
This means that they can apprehend and arrest a member of the public under suspicion of committing a crime at any time. Unlike the general public that have to actually witness someone commit a crime to arrest them. Public arrest is a bit of a grey area though.
Whether it can be proven in court is another matter.
Police need proof, just like when they are on duty. In saying that, without the right tools (ie. speed camera, radar, flashing lights etc) most probably wouldn't bother unless there was another more serious offence being committed at the same time (speeding away from a crash/injury or a getaway from a bank robbery etc)
In these cases they would most likely follow the car and call for marked assistance.
I lol'd. As said tho, an officer is on duty all the time. Its up to their own discretion as to what they follow up tho.
Well done Azk
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STEALTHY's Shed Clean Out! Buy my ****
Originally Posted by davway
Originally Posted by JONNNNOOOOO!!
why make a thread for this. you couldve PM'd VicCop and asked him as im sure he'd know the answer.. and im sure his answer could cover most states etc..
dont worry, il start a ride thread soon.
What is with the whingers on this forum, he posted a thread so either help him or $$$$ off?? How hard is it to have useful input or no input at all!?!
As far as i am aware mate they can pull you over for anything however, should you despute the fine or accusation, you will win.. because as said - they need proof or they can't do anything, just like getting pulled over when they are on the job..
You would of noticed (as would of everyone) multiple times being pulled up and 'TOLD' you were doing a certain speed over or a certain amount but never gotten a fine or anything, most of the time this is because they don't have actual proof, just suspicion. this is because once you admit to the speed - they can book you.. If you're confident, tell them that you were doing the speed limit.. They can't do anything.
That's all in regards to speeding anyway, i don't know what law you're actually dealing with.. haha
im glad he made the thread! its an interesting point.
how does an off duty police officer issue the fine?
does he carry around his little fine book just in case?
if booking for speeding, how does he prove (with a radar) that you were speeding? his speedo in his personal car wouldnt go through the same testing that police cars do.
but I guess if you were neg driving or crossed over double white lines or something, he wouldnt need the speedo.
very interesting.
ive lost count how many times I wished I was a cop when seeing some ass drive dangerously on the road, and wondered that even if I WAS a cop but off duty, could I do anything about it anyway.
There's been times I wish I was a Jack when people do silly things and almost damage my pride and joy just so I can make them squirm.
dude, I dont think you got off because of no 'proof'... in fact it was probably the copper being nice and letting you off with a warning.
I'm pretty sure that the police car itself (and the expert driving it) is proof enough for a court of law. an officer doesnt have to show you anything! if he was driving at 60 and you flew past in excess of the speed limit, his testimony would be enough. police car speedos have to calibrated every few months as far as I knew, for this very reason.
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* * [] [VP CALAIS INTERNATIONAL] [EFI 304] [T56] [] * *
* * [] [VP BERLINA LX WAGON] [EFI 304] [T5] [] * *
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STEALTHY's Shed Clean Out! Buy my ****
Originally Posted by davway
Originally Posted by JONNNNOOOOO!!
Maybe because nobody who has posted in this thread is actually a Police Officer, and most of the info they will get will be hearsay (i.e., info that is not useful). PM'ing VicCop would have been useful.
I'm not sure about off duty police officers in their own clothes and cars pulling you over, but I have been told by an officer that they can visit and fine you whilst on duty for things they have seen off duty. If it is something that needs to be dealt with on the spot whilst they are off duty, they will usually call it in.
please try and keep this on topic
To the people saying the cop needs proof, no they don't. A police officer is classified as an 'expert witness', so if its your word vs theirs, then your going down.
-Democracy must be something more than two wolves and a sheep voting on what to have for dinner.
James Bovard, Civil Libertarian (1994)
-Giving money and power to government is like giving whiskey and car keys to teenage boys.
P.J. O'Rourke, Civil Libertarian
-Government's view of the economy could be summed up in a few short Phrases: If it moves, tax it. If it keeps moving, regulate it. And if it stops moving, subsidize it.
Ronald Reagan (1986)
Im gonna add my 2cents worth..
If a bloke says he's a cop and is in his own car and not in uniform, im not going to stop or let him give me an earbashing. call me a rebel but i dont want some random following me around or stopping me..could be trying to pinch my ride!
A few points to clarify here.
First, an off-duty police officer in his own car can stop you and take particulars at the scene. He should, as required by his employment, carry his police identification with him at all times and should produce it to you to prove his validity.
Second, taking speeding offences as an example, he can't give an accurate estimate of your speed because he is not driving a vehicle with a certified speed measuring device fitted. Police HWP speedos are checked and calibrated very regularly to ensure their accuracy. General duty vehicles are not. His private vehicle would not have that accuracy, so your speed would be reported within a range (in NSW for example, ESL by not more than 15kph).
Thirdly, he doesn't issue you with an infringement notice on the spot. He can complete a breach report when he next works, using details he takes from your license, rego etc, at the time he stops you.
Fourth - to johnnylord. Go for your life. It will only make your offences worse if he is able to identify himself to you and you refuse to stop. He would be quite capable of showing his id whilst driving.
If you read the last sentence of my post, I said he would be able to produce it whilst driving. Incidentally, this would satisfy the requirement of him identifying himself to you, even if you claim you couldn't read it. Once he tells you to pull over and produces his id, the law requires you to comply with his direction.
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* * [] [VP CALAIS INTERNATIONAL] [EFI 304] [T56] [] * *
* * [] [VP BERLINA LX WAGON] [EFI 304] [T5] [] * *
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STEALTHY's Shed Clean Out! Buy my ****
Originally Posted by davway
Originally Posted by JONNNNOOOOO!!
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* * [] [VP CALAIS INTERNATIONAL] [EFI 304] [T56] [] * *
* * [] [VP BERLINA LX WAGON] [EFI 304] [T5] [] * *
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STEALTHY's Shed Clean Out! Buy my ****
Originally Posted by davway
Originally Posted by JONNNNOOOOO!!