Legal Question in Civil Rights Law in Virginia

Rights of A Off Duty Police Officer

Recently I was involved a incident with a off duty police officer. I was with two friends and we parked my car in a neighborhood. I went to my friend's house and when I came out I found some off duty police officer asking my friends, that were in my car, for their I.D.S and he asked for mine too. He claimed I was buying pot even though he had no physical evidence and copied down some of our I.D information I think it was our names and I.D. numbers. Then he threated me that now he was going to put my cars license into the police system and that when ever it gets searched that suspected dope trafficking is going to come up. He said he had reasonable suspicion because I was walking behind some houses talking on my cell phone then when I saw him by my car I walked away. Is this a violation of my rights and what rights does he have when he is off duty?


Asked on 3/11/07, 9:03 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Rights of A Off Duty Police Officer

Police officers, as a reality, are in effect always on duty, although they

are obviously not always wearing their uniforms. And, of course, they have the right to investigate activities which appear reasonably suspicious to them at any time and to exercise their police powers, accordingly.

I do not see any violation of any of your rights in the scenario which you've described since apparently you were only briefly questioned and neither detained nor taken into police custody at any time.

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Answered on 3/21/07, 5:51 pm


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