How must undercover police officers identify themselves? This question (and this one written in parallel) comes out of discussion on a more specific question with details about a particular situation, which was apparently too specific for this site. When plainclothes officers driving an unmarked car want to arrest a person, how do they identify themselves in a way that isn't easily faked, especially when they're acting against somebody who has government-mandated duties to protect items in his custody? This is different from "(When) are police required to identify themselves?" because that question is about getting the name and badge number of a uniformed on-duty officer, where it's clear they are police but not known exactly who/which specific officer they are. This question pertains to individuals who are not wearing a uniform and not driving a marked police car, and who are making demands of another person, including detaining that person and taking them away against the person's will and in violation of the person's duties. While the option of calling for backup by uniformed officers in a marked car could be one strategy, suppose that the people who claim to be police are not using that option for whatever reason (maybe because they aren't police, maybe they just don't want to). This is also related to "How can you tell if you have to follow a police officer's instructions?" but for the case of someone who is not in uniform and just claims to be a police officer. There are examples of people who kidnap others by claiming to be police, and it seems to be illegal to resist such a kidnapping (see motivating question about that specific situation here). Not all the people who use this strategy have made the news and even of those who have, not all have been caught. It's common enough there are even pop-culture memes about people falsely claiming to be the police not having to identify themselves ("We don't need no stinkin' badges!") but the meme may or may not match the law.
In Massachusetts law it says the following: The term ''police officer'' as used in this section shall mean a police officer in uniform or, if out of uniform, one who has identified himself by exhibiting his credentials as such police officer while attempting such arrest. So, showing a badge or ID card or possibly even an official business card would be sufficient under the law.
It depends on the jurisdiction, and what you hire the officer to do. It is generally legal to hire an off-duty police officer, and here is what Seattle says about that. They are held to the same standards as when they are on duty; they have to be off duty (and not on sick leave). They do have to submit an approval form that describes what they will do. While in uniform, the work has to be of a law enforcement or traffic enforcement nature (thus not bill-collecting or vehicle repo), also you can't work in an alcohol or marijuana sales establishment. Some of your interests would probably not be covered, since zoning-type infractions (pool) are not within the purview of the police, but burning trash on the sidewalk would be. Because of the requirement for approval, you probably can't pay to get a response to a robbery (still takes 24 hours to get &quot;short notice&quot; approval). It is not clearly illegal to offer an officer money to &quot;do his job&quot;, but it is also not clearly legal. It is illegal (bribery), if you With the intent to secure a particular result in a particular matter involving the exercise of the public servant's vote, opinion, judgment, exercise of discretion, or other action in his or her official capacity, he or she offers, confers, or agrees to confer any pecuniary benefit upon such public servant It is not obvious whether a peace officer is a public servant, as defined under the law. A &quot;public servant&quot; is any person other than a witness who presently occupies the position of or has been elected, appointed, or designated to become any officer or employee of government, including a legislator, judge, judicial officer, juror, and any person participating as an advisor, consultant, or otherwise in performing a governmental function and a &quot;peace officer&quot; is a duly appointed city, county, or state law enforcement officer By statutory stipulation, a LEO is &quot;appointed&quot;, and they are an employee of the government. Then when you hire them to do something, do you do so &quot;with the intent to secure a particular result in a matter involving the exercise of the public servant's exercise of discretion in his or her official capacity&quot;? If so, it is bribery (a crime). Since LEOs can legally be hired to enforce the law when off duty, the legality of that hiring must depend on the &quot;particularity&quot; of the job. If an officer has the discretion to arrest Smith for a criminal act, but declines to do so, then you cannot pay him to act otherwise. Officers generally have the discretion to arrest (or not) anyone committing a crime, so hiring an officer to &quot;control traffic&quot; or &quot;work security&quot; is not influencing the officer to exercise a particular form of discretion. The crucial question would be, why didn't they enforce the law in the first place?
I know one can "make a complaint" but I'm wondering if there's generally any legal obligation for these complaints to be taken seriously, and if there's any feasible way a driver could validate the encounter. . . . Furthermore, even with evidence, is there any way a citizen could ensure that legal action be taken against the officer for a proven traffic violation? Beyond reporting it to the department and hoping for the best? A prosecutor is under no legal obligation to press charges (and police have no affirmative duty to enforce the laws on the books) ever, even if there is blatant and clear evidence of murder, let alone a traffic violation. Usually, there is absolutely no way to compel charges to be brought against the offender (with a handful of states providing an exception where one can seek the appointment of a special prosecutor to investigate and prosecute if the circumstances warrant that would never be invoked for a mere traffic offense). Very few states allow anyone other than a prosecutor (or sometimes in minor cases, a law enforcement officer) to bring criminal or quasi-criminal charges. Of course, if compelling evidence of a violation is found and shared with the media, there may be powerful political pressure to bring a prosecution, but how that is developed would entirely depend upon the circumstances. Still, the relationship between prosecutors and law enforcement is so symbiotic, that prosecutors are loathe to press charges against law enforcement officers in all but the clearest of cases, especially for offenses occuring while a law enforcement officer is on duty in his home jurisdiction. Legally speaking, do civilians have any right to apprehend an officer for a traffic violation? While this would depend upon state law, most states treat traffic violations as a class of offense different from other misdemeanors and infractions and never authorize a citizens arrest for a traffic violation. Normally, only law enforcement officers can stop and cite people for traffic violations that aren't actually misdemeanor crimes. For example, in Colorado, true traffic infractions are defined as civil matters for which someone may be stopped and subjected to a citation but not arrested (even by a law enforcement officer). See Colorado Revised Statutes § 42-4-1701(1). In Colorado, only more serious traffic offenses (e.g. hit and run) are crimes subject to arrest. In the case of a traffic offense which is a crime (probably not speeding), the general rules applicable to citizens arrests would usually apply.
The answer is somewhat similar to the "corollary" question, in that this wouldn't be the only information taken into account at a motion to suppress and one would need know why the officer requested (in your scenario demanded) to search you in the first place. There are scenarios whereby he could search you without benefit of a warrant. Was he chasing you from a crime scene? Were you attempting to flee? Did he see something illegal before demanding the search that may have made it legal despite you thinking it not? The analysis is different if you are in the car versus in your house. That said, regardless of where, a consent search is just not likely to happen in this way. In your car, the officer has the right to take your keys to "secure the scene," or if there is a reasonable suspicion that you may attempt to flee. Typically, the officer will say "turn off your car" without taking your keys. Despite what's typical, though, they certainly can take your keys if circumstances make it necessary and that (the mere taking of keys) does not constitute a search. Keep in mind that the police can search a car without a warrant in a number of circumstances, without your consent, that would not be available to them with a dwelling. Courts will typically give police much more latitude to search a vehicle than a home. Under the "automobile exception" to the search warrant requirement, individuals have less of an expectation of privacy when driving a car and there is also a much greater chance of losing the evidence in a car vs. a dwelling, since it's mobile. Generally, the police can search your car if: You have given the officer consent (in this scenario you've not &ndash; unless you hand them the keys without protesting &ndash; and then this would be considered implied consent); The officer has probable cause to believe there is evidence of a crime in your car; The officer reasonably believes a search is necessary for their own protection (e.g., they can search for a weapon, if they have reasonable suspicion); You have been arrested and the search is related to that arrest (such as for drunk driving or for drugs, they can search for alcohol or drugs). There are tons of contextually specific rules that dictate when each of these situations is OK, and when they're not, as well as where they can search under what scenarios. It is not a one size fits all analysis. In fact, warrantless and consent searches may be some of the most variable analyses criminal attorneys and judges undertake to explore. The law on these topics is voluminous. Searching your car after you've given the officer the keys, assuming there was no basis and you actually said "you're not consenting," can result in suppression, but not necessarily as the fight is a lot tougher when it comes to a car. (E.g., if you said no earlier, but then handed the cop the keys later without renewing the objection, this could be considered an implied consent.) Similar to the other question, there is also going to be a whole other side to the story, with evidence aside from your testimony dictating what the ruling will be. A dwelling is different from a car, although your question makes some assumptions here that I would find very hard to see happening in real life (having represented both police, municipalities, and defendants to criminal searches).... It would be highly unlikely for an officer to threaten to break in like this ... especially in a dwelling where neighbors and passersby can see what's happening and would not only watch, but would probably video it. This is not to suggest that threats and actual wrongdoing doesn't happen, it's just not typically in this way. Police know the law. They rarely do things so blatantly unlawful that not only will nearly ensure that any evidence is inadmissible, but (in a case like this) where they will also probably lose their job. Short of a pursuit where the police are chasing someone into a house, I have never heard of a forced entry in a situation like you're describing. While we don't know the circumstances leading to the encounter, I am assuming that the search isn't pursuant to a chase, since you're having a discussion with the officer and if you're chased from the scene of a crime and run into your house, they're coming in. They are not having discussions. However, since we don't know what the circumstances are that lead to you being approached in the first place, it's difficult to analyze whether he has the right to enter warrantlessly. What we do know is that with a dwelling, it is much less likely to be lawful. As with the other question, the analysis as to whether consent was given or not is far from simple. Suspects are much less likely to give consent to search a dwelling as they are a car, and if they do, the search is often limited to a certain area, so chances of suppression are much better. That said, others will often give consent to the police when requested of them (spouses, kids, landlords, hotel owners, etc). Just imagine ... there are literally thousands of warrantless searches done every single year in the U.S., nearly all of which are alleged to be based on some form of consent. Assume every one of those people has a lawyer; that means nearly every one of those cases is arguing the consent was bad, some way, some how. Duress is one of the most common arguments when someone gives permission; either explicitly (like what you are proposing), implicitly (they came with 10 grimacing cops, so the guy thought he didn't have a choice). Most of the time, however, there is no duress, people just simply didn't know they can say no, or they think the cops won't find what they're hiding. Cops can do a lot of things to get you to allow for a warrantless search. They can even lie to people to get them to consent, and officers are not required to notify the suspect that he has a right to refuse to consent (however, telling the suspect they have the right to refuse is helpful to rebut the coercion argument). In United States v. Mendenhall, "The fact that the officers themselves informed the respondent that she was free to withhold her consent substantially lessened the probability that their conduct could reasonably have appeared to her to be coercive." Keep in mind, a big part of the reason why these scenarios are unlikely is not just that the police can find a way in that won't be so challengeable, if they really can't get a legitimate warrant and need to find a deleterious way in. It's also because 9 in 10 times when a police officer does a consent search, the suspect signs a consent form. That's not to say that people don't get coerced or get searched due to duress, they do. But typically not in so blatant a way. There are shades of grey in most of these cases. So, to answer whether you can get the search suppressed if it leads to an arrest under these facts; the only answer that is definite, is that nobody can be sure. If consent searches, their exceptions, and all ways the evidence gets in and the evidence is kept out interests you ... read these two law review articles. There are probably 200 cases footnoted between them! http://www.bu.edu/law/faculty/scholarship/workingpapers/documents/MaclinT011508.pdf http://www.nyulawreview.org/sites/default/files/pdf/NYULawReview-81-6-Sutherland.pdf
Try the phone or email contacts at Florida Department of Law Enforcement - Home. The state of Florida doesn't appear to maintain a statewide officer registry, but that department should be able to verify someone is or isn't a officer in conjunction with the police department closest to your location. If this neighbor is threatening or attempting to enforce the law while not showing ID that proves he/she is an officer, that's serious, and you should call the local police department. Talking about being a LEO while drinking beer at a BBQ is less serious, but still could be a third degree felony. See Statutes &amp; Constitution - Florida State Statutes: 843.08 False personation.—A person who falsely assumes or pretends to be a firefighter, sheriff, officer of the Florida Highway Patrol, officer of the Fish and Wildlife Conservation Commission, fire or arson investigator of the Department of Financial Services, officer of the Department of Financial Services, officer of the Department of Corrections, correctional probation officer, deputy sheriff, state attorney or assistant state attorney, statewide prosecutor or assistant statewide prosecutor, state attorney investigator, coroner, police officer, lottery special agent or lottery investigator, beverage enforcement agent, or watchman, or any member of the Florida Commission on Offender Review and any administrative aide or supervisor employed by the commission, or any personnel or representative of the Department of Law Enforcement, or a federal law enforcement officer as defined in s. 901.1505, and takes upon himself or herself to act as such, or to require any other person to aid or assist him or her in a matter pertaining to the duty of any such officer, commits a felony of the third degree,
england-and-wales Initially, one should comply with the officer's instructions as he has the power under statutory Stop &amp; Search powers to detain someone for the purpose of the search (discussed here). Failure to do so may be an offence. If, subsequently, one considers the search and detention was unlawful, the first port of call is to lodge a complaint with the relevant police force who - depending on the circumstances - may escalate the complaint to the Independent Office for Police Conduct IOPC. You can complain directly to the police/other organisation (see ‘Who can I complain about?’ below for a list of the other organisations) or via the IOPC. If you complain via the IOPC, your complaint will be sent direct to the organisation involved. They will assess your complaint and contact you about how it will be handled. The IOPC will not be involved with this initial assessment of your complaint. If the complaint is found to be valid, then any offence committed by not complying with the office would (in all probability) be overturned on appeal. As well as any compensation awarded by the court, the Chief Constable may consider making an ex gratia payment (mentioned here). Note that there is no obligation to do anything if the interaction falls within the Stop &amp; Account provisions.
There are various ways in which a minor cannot assist a police investigation, and it might be useful to say in what ways any civilian could do so (TV shows notwithstanding). A civilian cannot conduct a custodial interrogation, nor can most of them gather physical evidence (so that a proper evidence log is maintained including relevant information on method of collection, the evidence isn't contaminated etc. – stuff that requires a modicum of training). They cannot execute a search warrant. On the other hand, anyone can provide information that is useful to the police, and it can be done without giving your name or indicating that you are a minor. A minor can serve as a witness at a trial, and it can be helpful to police to know that they have a witness to a crime. A minor can also be used the same way an adult is used, as a confidential informant. There is not a lot of data on that practice given the confidentiality of juvenile records, but there is an article to read (&quot;Juvenile Police Informants: Friendship, Persuasion, and Pretense&quot;. The article does suggest that parental consent may be necessary in some cases (such as wearing a wire to a drug transaction). There is a law in Washington requiring every county's prosecutor to have a local protocol for using informants, and there should be guidelines developed by a work group, however the results (if any) of that group's meetings are not available on the internet. It is possible that there are specific restrictions on the use of minors as informants in some jurisdiction. The article explores the subtle distinction between &quot;informant&quot; and &quot;friend&quot;, applied to minors. California has a law that limits the use of minors – none under 15, those above with approval of a judicial officer and parent, though those 13 and older can be used as bait in a cigarette or alcohol sales case. New York does not have a blanket prohibition against using a minor as an informant, but there may be relevant guidelines for a particular department.
The role of the 101 call handlers is to assist with enquiries and to progress reports of non-emergency incidents - not deceive. They are not (usually) police officers do not (routinely) have access to PNC. Even if they did, they are under no obligation to divulge potentially operationally-sensitive and/or personal information over the phone; especially as the caller's identity cannot be verified. In response to comments and the OP edit on 09/03/2022... The police will not confirm if you are wanted on warrant over the phone. You must attend your local police station and bring some form of identification with you such as a passport, driving licence or birth certificate. Source1 You can find your local police force here 1A random example taken from one of the 43 territorial police forces in england-and-wales