Can he do that?

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June 15, 2016

Asked 5/23/2016 – Anthony, TX

Police officer probably off duty pulls me over alleged I made illegal change of lane. Made me wait till he radioed another police officer to give me citation can he do that?

Answer

Yes, an off duty officer who observes an alleged offense can make a detention. Contact a local attorney on this however. If the matter is set for trial, the officer who issued the citation will NOT be able to testify to the facts since that officer did not personally observe the offense.

About the author 

Grant St. Jullian III

Bachelor of Science in Chemical Engineering – 1979 Univ. of Pennsylvania
Doctor of Jurisprudence 1982 University of Texas @ Austin
Licensed by the Supreme Court of Texas since 1982.

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