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They are still considered peace officers so they do have the right to detain and arrest. I'm not sure how or if that status changes in retirement. Retired LEO still have a shield and can carry......soooo I dunno. I am curious to know the answer.
I'm not sure if I agree. They keep their weapon and shield, but that's more of momento than anything else from what I understand. According to what I'm reading, the ex-officer was trying to make a citizen's arrest, which is something that any Joe on the street can do to detain an individual who just committed a serious crime. http://www.nydailynews.com/new-york/...icle-1.2147406 He doesn't seem to be claiming that he was acting as a peace officer, and as a retired officer who is not subject to the regular training practices as active duty LEO, he doesn't seem to be a peace officer. More on this point: Retired law enforcement officers are not acting as arms of the state, thus are not peace officers and their actions aren't subject to the 4th Amendment; in fact, the article I posted notes that the man hasn't been a peace officer since he retired over 20 years ago, which makes sense. And for his sake, he better hope this is true as his slap of the other guy, seemingly without provocation, didn't seem to be by the book for peace officers.
Edit: after briefly reviewing NY criminal code section 2.10, which defines peace officer, I'm certain the article I posted is correct that this man isn't a peace officer. The section refers to active employees of various agencies, not retirees, and, in certain cases, people appointed to specific positions on a volunteer basis by the appropriate authorities.
Don't know what transpired before the video but the video certainly doesn't bode well for the shooter.
I guess his defense is that he shot the guy while making an arrest and not in self-defense because I don't see where his life is in danger in the video. I'm guessing it'll come down to whether the former corrections officer shooter has the same rights/duty in making an arrest as a LEO.
The retired guy should be lauded for taking two perps off the streets... to assault & rob an old man more than twice your age? You get your well deserved comeuppance !
Apparently, one can kill anyone these days for anything it seems. Good things hes an ex-cop...that basically a get out of jail free card for killing anyone
Not an ex cop. Ex corrections officer! Corrections officers are not the same as NYPD officers.
They are still considered peace officers so they do have the right to detain and arrest. I'm not sure how or if that status changes in retirement. Retired LEO still have a shield and can carry......soooo I dunno. I am curious to know the answer.
Correction officers do not have the authority to make an arrest. Especially a retired one. They carry for their protection against ex cons who may recognize them on the outside and want to retaliate.
I have no beef with thugs who are looking for trouble getting shot, but the shooter may be in trouble here since he pursued the teens after the initial altercations and shot.
I wondering since when is a retired prison guard considered a "COP"? But that makes for a better spin on the story. This guy was an armed private citizen, nothing more.
Correction officers do not have the authority to make an arrest. Especially a retired one. They carry for their protection against ex cons who may recognize them on the outside and want to retaliate.
I have no beef with thugs who are looking for trouble getting shot, but the shooter may be in trouble here since he pursued the teens after the initial altercations and shot.
No "teens here" these were grown men. One Hispanic, one Black.
I wondering since when is a retired prison guard considered a "COP"? But that makes for a better spin on the story. This guy was an armed private citizen, nothing more.
The title of this thread is correct. Off Duty correction officer. Retired = he's off duty. He's a correction officer and not a cop.
The title of this thread is correct. Off Duty correction officer. Retired = he's off duty. He's a correction officer and not a cop.
The title of the thread is incorrect. An off-duty status necessarily assumes that an individual has a duty to return to once the off-duty shift/period ends; "off-duty" is a term with a specified legal understanding that your definition does not meet. Additionally, as far as law enforcement officers go (and a correction officer is a law enforcement officer, not that you claimed otherwise), being off-duty doesn't strip one of one's lawful authority and duty to make arrests as peace officers for crimes committed in their presence or that they become aware of and legal cause exists to make such an arrest, etc. This clearly doesn't apply to someone on retired status, as such an individual isn't scheduled to return to duty (ever again) and also no longer has the powers of a peace officer, as I explained in my earlier post.
Last edited by prospectheightsresident; 03-13-2015 at 11:27 AM..
This guy was an armed private citizen, nothing more.
You're absolutely correct.
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