Fontana, CA asked in Employment Law, Gov & Administrative Law and Municipal Law for California

Q: Why are off duty police officer working as partime security guard allowed to wear tax payer supplied uniforms ?

the apple store had 4 officers in uniform. they are not under the color of law because they are paid by the store yet have the credentials as police officers. either they are security or officers can you be both

2 Lawyer Answers
Robert Kane
Robert Kane
Answered
  • Municipal Law Lawyer
  • Eagan, MN
  • Licensed in California

A: This question can be addressed better by the police department and city.

James L. Arrasmith
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Answered
  • Municipal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, off-duty police officers are often allowed to wear their official uniforms while working as part-time security guards due to policies set by their respective police departments. These policies are generally designed to leverage the authority and recognition associated with the police uniform to enhance security and deter crime.

However, when off-duty officers work in these roles, they are typically not acting under the official capacity of law enforcement. Instead, they are employed by the private entity, like the store in your example, which pays them for their services. This arrangement does not diminish their law enforcement credentials but does limit their actions to those of a private security officer unless a situation arises that requires police intervention.

It's important to recognize that while they may appear to be performing the role of both security guard and police officer, their primary function in these instances is that of security personnel. In situations where their law enforcement authority is necessary, they are expected to adhere to the protocols and responsibilities of their role as police officers.

This dual role can sometimes lead to confusion about the extent of their authority and responsibilities when working in a private capacity. It is advised to understand the specific policies of the local police department regarding off-duty officers working as security personnel.

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