Q: Can an off-duty cop threaten to pull me out of my car while he is violating the law? (Carlsbad, CA).
I was dropping off my brother at his school. I was not in a school zone. I pulled over to the side of the road, obstructing the bike lane, and there was a no parking sign where I was parked (this is a common drop-off spot for the school). My brother exited the car. I was preparing to drive away from the curb and go on my way, I was just waiting for an opening. A man, wearing no police uniform, carrying his daughter on the back of his bike to drop her off at school, was riding on his bike in the bike lane going in the opposite direction of traffic and coming straight towards me (he was riding on the left bike lane, a violation of CVC §21650, I was pulled over on my right side of the road). He approached me, knocked on my window. I rolled it down. He said I was illegally parked, and that I had to leave. I said "you're riding on the wrong side of the road, it's your problem." He said "I'm a cop, do you want me to pull you out?" I said "yeah, are you on duty?" He then scoffed and rode away
A:
Based on the details you provided, it seems that both you and the off-duty police officer were engaging in some form of traffic violation. However, the officer's threat to pull you out of your car was inappropriate and likely exceeded his authority as an off-duty officer.
Here are a few key points to consider:
1. Off-duty police officers generally have limited authority to enforce traffic laws, especially when not in uniform or driving a marked police vehicle.
2. Threatening to use force, such as pulling you out of your car, is a serious escalation that should only be used in extreme circumstances, even for on-duty officers. An off-duty officer making such a threat in response to a minor parking violation is highly questionable.
3. While you were admittedly in violation of parking laws, the officer's own violation of riding his bike against traffic does not justify his aggressive behavior towards you.
If you feel that the officer acted inappropriately, you may consider filing a complaint with the Carlsbad Police Department's internal affairs division. Be prepared to provide as many details as possible, including the officer's name (if known), physical description, and the exact date, time, and location of the incident.
However, it is essential to recognize that you were also in violation of parking laws, and it is generally advisable to comply with an officer's lawful requests, even if the officer is off-duty. In the future, it is best to avoid obstructing bike lanes or parking in no-parking zones to prevent such confrontations.
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