Seizures – Off Duty Officer
July 10, 2005 – 4:22 amWilson v. Commonwealth, Record No. 0560042 March 1, 2005 (Court of Appeals of Virginia)
An off duty officer was returning from vacation with his family when he was run off the road in another jurisdiction. Ultimately, the defendant pulled into a convenience store. The off duty officer called the local police and identified himself to the defendant. He told the defendant that a local officer was on the way. The defendant stayed without any commands from the off duty officer. The defendant argued that he was seized by the off duty officer, without jurisdiction and all the evidence should be suppressed. The court disagreed and did not suppress the evidence. The court noted that the officer did not do anything that an average citizen could have done in the situation.
This case provides good articulation of the facts that distinguish why this case is similar to a citizen arrest. The court points out that if an officer does not act in an official capacity outside the officer’s jurisdiction, the officer should be treated like a normal citizen.