Policy Text
Policy Delano Police Department
340 Delano PD Policy Manual
Off-Duty Law Enforcement Actions
340.1 PURPOSE AND SCOPE
The decision to become involved in a law enforcement action when off-duty can place an officer
as well as others at great risk and must be done with careful consideration. This policy is intended
to provide guidelines for officers of the Delano Police Department with respect to taking law
enforcement action while off-duty.
340.2 POLICY
Initiating law enforcement action while off-duty is generally discouraged. Officers should not
attempt to initiate enforcement action when witnessing minor crimes, such as suspected
intoxicated drivers, reckless driving or minor property crimes. Such incidents should be promptly
reported to the appropriate law enforcement agency.
Officers are not expected to place themselves in unreasonable peril. However, any sworn member
of this department who becomes aware of an incident or circumstance that he/she reasonably
believes poses an imminent threat of serious bodily injury or death, or significant property damage
may take reasonable action to minimize the threat.
When public safety or the prevention of major property damage requires immediate action, officers
should first consider reporting and monitoring the activity and only take direct action as a last
resort.
340.3 FIREARMS
Officers of this department may carry firearms while off-duty in accordance with federal regulations
and department policy. All firearms and ammunition must meet guidelines as described in the
department Firearms Policy. When carrying firearms while off-duty officers shall also carry their
department-issued badge and identification.
Officers should refrain from carrying firearms when the consumption of alcohol is likely or when
the need to carry a firearm is outweighed by safety considerations. Firearms shall not be carried
by any officer who has consumed an amount of an alcoholic beverage or taken any drugs
or medications or any combination thereof that would tend to adversely affect the officer’s senses
or judgment.
340.4 DECISION TO INTERVENE
There is no legal requirement for off-duty officers to take law enforcement action. However, should
officers decide to intervene, they must evaluate whether the action is necessary or desirable, and
should take into consideration the following:
(a) The tactical disadvantage of being alone and the fact there may be multiple or hidden
suspects.
(b) The inability to communicate with responding units.
Copyright Lexipol, LLC 2019/12/06, All Rights Reserved. Off-Duty Law Enforcement Actions - 1
Published with permission by Delano Police Department