off duty officer
My friend got pulled over by an off duty officer and was told to wait to get arrested. My friend drove off and they followed him home where they entered the house without a warrant, and took him to jail with a dui charge.
Can an off duty officer pull you over?
Can they enter the house without a warrant and give you a sobriety test even if he is not in the car?
2 Answers from Attorneys
Re: off duty officer
I agree with Mr. Rosmarin.
There is a good case on arrest in a home without a warrant for a case that is not serious, like a DUI. It is Wisconsin v. Welsh and I have used it to help get a friend's DUI dismissed in a somewhat similar situation.
Re: off duty officer
An off-duty officer can make a citizen's arrest. If the "they" who followed your friend home included an on-duty officer, that officer may make a warrantless entry and arrest under a hot pursuit theory, though this one sounds a little lukewarm.
The police can also take a blood or breath test despite your friend having left the car, but the prosecution will have to prove the driver of the car and the guy they arrested are the same.
Good luck to your friend.
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