Policy Text
CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW
2 01/24/2011 12/01/201 8 12/01/201 9
TUSTIN POLICE DEPARTMENT GENERAL ORDERS
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386 - Off-Duty Law Enforcement Actions 1 POLICY 386 OFF-DUTY LAW ENFORCEMENT ACTIONS
386.1 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 polic y is intended to provide
guidelines for officers of the Tustin Police Department with respect to taking law enforcement action
while off -duty.
386.1.1 ACCREDITATION STANDARDS
This policy pertains to the followin g CALEA Standards: N/A
This policy pertains to the following Standard Operating Procedure: N/A
386.2 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 intoxicat ed 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 prev ention 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.
386.3 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 ca rrying firearms while off -duty officers shall also carry their department -issued
badge an d 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 that would tend to adversely
affect the officer ’s senses or judgment.
386.4 DECISION TO INTERVENE
There is no legal requirement for off -duty officers to take law enforcement action. However, should
officer s decide to intervene, they must evaluate whether the action is necessary or desirable, and should
take into consideration the following:
CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW
2 01/24/2011 12/01/201 8 12/01/201 9
TUSTIN POLICE DEPARTMENT GENERAL ORDERS
_________________________________
386 - Off-Duty Law Enforcement Actions 2 a) The tactical disadvantage of being alone and the fact there may be multiple or hidden suspects;
b) The inability to com municate 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) Unfam iliarity with the surroundings;
g) The potential for the o ff-duty officer to be misidentified by other peace officers or members of the
public.
Officers should consider waiting for on -duty uniformed o fficers to arrive, and gather as much accurate
intelligence as possible instead of immediately intervening.
386.4.1 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 operator should be informed that an off -duty officer is on -scene
and should be pro vided a description of the officer if possible.
Whenever practicable, the officer should loudly and repeatedly identify him/herself as a Tustin Police
Department officer until acknowledged. Official identification should also be displayed.
386.4.2 INCIDENTS OF PERSONAL INTEREST
Officers should refrain from handling incidents of personal interest, (e.g., family or neighbor disputes) and
should remain neutral. In such circumstances officers should call the responsible agency to handle the
matter.
386.4.3 CIVILIAN RESPONSIBILITIES
Civilian personnel should not become involved in any law enforcement actions while off -duty except to
notify the local law enforcement authority and remain at the scene, if safe and practicable.
386.4.4 OTHER CONSIDERAT IONS
When encountering a non -uniformed officer in public, uniformed officers should wait for
acknowledgement by the non -uniformed officer in case he/she needs to maintain an undercover
capability.
386.5 REPORTING
Any off -duty officer who engages in any law enforcement activity, regardless of jurisdiction, shall notify
the Watch Commander as soon as practicable. The Watch Commander shall determine whether a report
should be filed by the employee.
Officers should cooperate fully with the agency havin g jurisdiction in providing statements or reports as
requested or as appropriate.