| You'd first need to show at least one state where off duty officers lack arrest authority. NJ Statute Quote: "40A:14-152.1. Municipal police officer; power of arrest for crime committed in his presence anywhere within state. Notwithstanding the provisions of N.J.S. 40A:14-152 or any other law to the contrary, any full-time, permanently appointed municipal police officer shall have full power of arrest for any crime committed in said officer's presence and committed anywhere within the territorial limits of the State of New Jersey." There is no mention of requiring the officer to be on duty, and plenty of cities in NJ off in-uniform off duty officers. For example, Jersey City municipal code, ยง 3-85.1 Off-duty employment, includes: "Purpose. For the convenience of those persons which utilize the services of off-duty law enforcement officers of the Jersey City Police Department, and to authorize the outside employment of Police while off-duty, the City of Jersey City hereby establishes a policy regarding the use of off-duty officers in compliance with Attorney General Formal Opinion 1997-No. 23." You can read about the 11k officers that participate in the NYPD paid detail unit here, http://www.nycpba.org/archive/nydn/03/nydn-030810-ot.html . In Atlanta, Midtown Blue is "Comprised of more than 40 off-duty Atlanta Police Department (APD) officers with full powers of arrest". ( http://midtownatl.com/about/programs-and-projects/public-saf... ) In Miami, you can hire a police Lt for $50.50/hr. ( https://was8exp.miamidade.gov/MDPDOffDutyWeb/home.do ) In Denver, off duty police may not work at pot shops, but "Officers may act to prevent a breach of the peace or to enforce the law, but officers shall not enforce rules made in the interest of the secondary employer." ( http://www.denvergov.org/Portals/720/documents/OperationsMan... ) In Durham, NC when you hire an off duty officer you get a " Law Enforcement (LE) Officer who is authorized to Enforce NC State Laws and Durham City Ordinances" ( http://durhamnc.gov/ich/op/DPD/Pages/Secondary-Info.aspx ). Shall I go on? If you want to make some type of claim that any of the extensive off duty police employment (or even arrest powers) that happens is somehow theoretically unconstitutional at a federal or state level, I'd love to hear that argument and reasoning, but it's important to separate legal theory with the practiced and enforced laws. In most states, officers have their police authority on and off duty. |