Legal Question in Criminal Law in Texas

off duty officer enters car with identifying

I was in a parking lot and a marijuana joint may have been viewable from outside. An off duty policeman in regular clothes from another city opens my door a jerks me from the car. He did not knock or identifying himself as an officer. An on duty city policeman was on the passenger side. I did not see the on duty officer until after I was removed from the vehicle. Was this legal. Is there any case law available.


Asked on 2/22/08, 6:37 am

1 Answer from Attorneys

ERICK PLATTEN LAW OFFICE OF ERICK PLATTEN

Re: off duty officer enters car with identifying

Even when off duty a police officer has taken an oath to uphold the laws of Texas and those of the United States of America.

So even though he was off duty he could have made an arrest while off duty.

However, since there was another officer there that was on duty it sounds as if the two were working together in concert while effecting this arrest.

Sincerely,

Erick Platten

PLATTEN LAW OFFICE

STATE WIDE REPRESENTATION

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Answered on 2/25/08, 1:39 am


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