Policy Text
Policy
360Fremont Police Department
Off-Duty Law Enforcement Actions
360.1 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 Fremont Police Department with respect to taking law
enforcement action while off-duty.
360.2 POLICY
Initiating law enforcement action while off-duty is generally discouraged.
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.
BART (Bay Area Rapid Transit) Law Enforcement Security Enhancement Program (LESEP)
The Law Enforcement Security Enhancement Program (LESEP) was established in an effort to
enhance BART system security and reduce fare evasion. The program allows secured BART
system access to active, full-time sworn police officers through the use of BART ID smartcards,
also known as LEO (Law Enforcement Officer) Passes. The program is limited to specific
authorized San Francisco Bay Area law enforcement agencies, including the Fremont Police
Department.
LESEP participants must have the authority to carry a firearm while off-duty. Excluded from
eligibility are retired police officers, professional employees, part-time and temporary employees
including reserve police officers and volunteers. To participate in the program, eligible officers
must obtain a valid LEO Pass in accordance with BART policy and procedures. Obtaining and
renewing the LEO Pass is the sole responsibility of the individual police officer.
While there is no legal requirement to take law enforcement action while off-duty, Fremont police
officers who participate in the LESEP, or any other public transit agency program where the agency
allows officers to ride without paying a fare with proper police identification, must be operationally
ready while within the BART system or any other public transit system.
(a)Officers shall be armed and shall carry their department-issued or personally-owned
department-approved firearm, badge, police identification, and personal or department
issued cell phone.
(b)Officers shall not consume alcoholic beverages while in the BART system or within 8
hours prior to entering the BART system. Officers shall have no detectable presence
of alcohol in their blood.
(c)Officers shall not sleep while in the BART system.
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Off-Duty Law Enforcement Actions
Participation in the LESEP or any other public transit system does not constitute compensable
work activity unless the officer takes law enforcement action.
360.3 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 or marijuana 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.
360.4 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.
(c)The lack of equipment, such as handcuffs, OC or baton.
(d)The lack of cover.
(e)The potential for increased risk to bystanders if the off-duty officer were to intervene.
(f)Unfamiliarity with the surroundings.
(g)The potential for the off-duty officer to be misidentified by other peace officers or
members of the public.
Officers should consider waiting for on-duty uniformed officers to arrive, and gather as much
accurate intelligence as possible instead of immediately intervening.
360.4.1 INTERVENTION PROCEDURE
If involvement is reasonably necessary the officer should attempt to call or have someone else
call 9-1-1 to request immediate assistance. The dispatcher should be informed that an off-duty
officer is on-scene and should be provided a description of the officer if possible.
Whenever practicable, the officer should loudly and repeatedly identify him/herself as a police
officer until acknowledged. Official Fremont Police identification should also be displayed.
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360.4.2 INCIDENTS OF PERSONAL INTEREST
Officers should refrain from handling incidents of personal interest (e.g., family or neighbor
disputes). In such circumstances officers should call the responsible agency to handle the matter.
360.4.3 CIVILIAN RESPONSIBILITIES
Professional employess should not become involved in any law enforcement actions while off-
duty except