Quote:
Originally Posted by retbop
My two cents on this as former NCDOC and Retired BOP. The law was clearly written to cover a broad scope of persons involved in ALL AREAS of law enforcement. The law does NOT change anyone's job description, nor does it provide for 'off duty' arrest authority. It simply provides a tactical advantage for an off duty officer to be able to defend himself/herself or their family against attack anywhere in the USA. All the law does is give us a 'fighting chance'. Lets face it, we have ALL made someone mad BECAUSE of our official duties. This includes both 'street cops' and 'prison cops'. Many people read way too much into this law and try to bend it to their will. The law included a 'test' to determine the qualifications for who is covered. If you meet the criteria of the test, you are covered. It is NOT up to the local/state/federal police/sheriff or your agency to determine if you are covered, it is the law of the United States of America that gives you this authority. Now having said that. There have been off duty officers that have been arrested, jailed (one even convicted then overturned on appeal) and fired for carrying off duty under the LEOSA law. When the cases go in front of the judge, the judge MUST apply the law. As long as you are within the law, there can be no conviction. However your agency may still FIRE you. There is a big difference between 'getting fired' and 'staying fired'. The police unions can help there. However, the NCDOC is not covered by a union. It could be difficult and expensive to get your job back. So who wants to be the test case for the NCDOC?
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I agree with you retbop
NOTHING prevents them from firing you
EVEN when you are within your rights. Welcome to Nor Cakalaka. But, at least we
do fall under LEOSA even if we at NCDOC cannot determine our departments actions.
01-31-2010, 10:09 AM
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