No, C-dub, it became more of an issue when the legislature added section 14.03(g) to the Code of Criminal Procedure. This limited the authority of officers outside their jurisdiction to stop them from writing tickets. It went all the way to the Court of Criminal Appeals because a officer in the Plano/Richardson area arrested a DWI on the wrong side of the street for his city. For a while, city officers were strictly limited to just their city. Now they can do anything in the county their city is in.
I am fairly confident that most cities would fight trying to pay a workman's comp claim from an off duty job in a different city, based ont eh way the laws are worded still.
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Return to “Disarmed by uninformed officer”
- Thu Mar 17, 2016 10:45 pm
- Forum: LEO Contacts & Bloopers
- Topic: Disarmed by uninformed officer
- Replies: 130
- Views: 33242
- Thu Mar 17, 2016 9:48 pm
- Forum: LEO Contacts & Bloopers
- Topic: Disarmed by uninformed officer
- Replies: 130
- Views: 33242
Re: Disarmed by uninformed officer
There are some fairly old court cases that tell us exactly how it works. Believe it or not, the officer is off duty working security for the person paying him until he has to take action to stop or handle a crime. The second he does that he is on duty until the duty is fulfilled, then he is off duty again.WTR wrote:Lets ask an active or retired LEO their opinion as to how it works.
This was based on some case where officers got hurt while handling crimes (some of them serious crimes) and the city tried to claim that they did not need to pay the workman's comp claims, the person paying them did. Part of the court's logic was that there was a law requiring the officer to respond to crimes in his jurisdiction, so the law said they were on duty.
Given that logic, I am not sure how it will hold up in court if the officer is working outside his jurisdiction. SAPD used to not allow that (based on these court cases). But if, for example, a Luling PD officer was working security at a store in San Marcos (different city and county), I do not know that the courts would hold the same. The law clearly only requires him to take action in his jurisdiction. BTW, this is why the experienced SAPD officers used to like to take their dinner breaks in one of the restaurants just across the line into one of the suburb cities. You could handle a disturbance without having to arrest and interrupt the meal that long.