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Thread: Police Question

  1. #1
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    Police Question

    In some parts of Britain and Ireland, a police officer cannot arrest someone if he isn't wearing his hat. I've read somewhere that some states in America are the same, and I'm wondering if this is true.

    Specifically relating to New York State, if possible. To narrow it down even more, either an officer from the NYPD or Buffalo PD. Are either of those required, by law, to be in full uniform to arrest someone?

    Thank you.
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  2. #2
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    I'm wondering, if that were true, how would an undercover cop in ragged jeans, sneakers, and dirty t-shirt arrest someone?

    Maybe there are different rules for plain-clothes and uniformed police.

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    WF Veteran Foxee's Avatar
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    That's a weird one, Sam. I've never heard any such stipulation, usually you hear about a police officer's failure to read someone their rights rather than failure to wear a hat. On the subject of arresting someone I would think that if a citizen's arrest (yes, I could legally arrest someone) is legal then a police officer could most certainly arrest someone even if he wasn't wearing his hat.

    Does give rise to some interesting possibilities. Is a police officer still a police officer if someone steals his pants?

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  4. #4
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    A hat is not needed, not even the whole uniform. A police officer may make an arrest on or off duty, BUT they must show their badge to identify themselves as a police officer. If they fail to do so you by law can refuse verbally or physically if they do not show this proof they are an officer of the law.

    Private Investigators --- The first step to separating fact from fiction is to define precisely what a private investigator is. Essentially, private investigators are people who are paid to gather facts. Unlike police detectives or crime-scene investigators, they usually work for private citizens or businesses rather than for the government. Although they sometimes help solve crimes, they are not law-enforcement officials. Their job is to collect information, not to arrest or prosecute criminals.

    Citizen's Arrest-- In California, a person, who is not a law-official or police officer, can make a misdemeanor arrest if he witnesses a crime. For example, if a store clerk witnesses a juvenile stealing a radio from the store where he works, he can make a citizen's arrest until authorities arrive. Based on the information provided by the store clerk (his eyewitness) account, the police will remove the juvenile from the store and escort him to the police station. This is considered a citizen's arrest and can extend to larger, more severe crimes (more info).

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    Last edited by Kevan; 11-09-2010 at 05:36 PM.

  5. #5
    Author at Large MJ Preston's Avatar
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    I'm interested to understand why you can't make an arrest without a hat. Does this have something to do with the Queens Commission? In the Canadian military soldiers are not to be seen outdoors without the headgear. In fact if caught with out it you'll find yourself pulling extra duty.
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  6. #6
    Writer MoonAlley's Avatar
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    Here in Arizona, our police officers don't wear hats at all unless it's a formal event such as a funeral, etc. And even then not everyone wear them. Perhaps it's the heat, or the fact that a bullet proof vest is more important than a hat. And, like California, an officer can make an arrest when off duty so long as they identify themselves.

  7. #7
    Scrivener PSFoster's Avatar
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    I've often seen state troopers don their hats as they get out of their cars. I just assumed it was required for them to be in full uniform. Regular police usually don't wear their hats except for formal ceremonies. That makes sense because they may have to move quickly.
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    Scribe Richard.E.Craig's Avatar
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    It is quite true that an uniformed officer must wear his or her head wear when making an arrest as it is the headgear that displays his badge (warrent).If he is not wearing his hat he must show you the badge on it as it is the badge that gives him power of arrest.An on duty police officer must display his badge at all times.If he is not wearing a uniform it must be displayed on either his belt, breast pocket or around his neck on a lanyard.An undercover police officer (who must receive express permission by the judiciary to operate undercover)must at all times carry his badge and produce it to make an arrest.
    Last edited by Richard.E.Craig; 01-22-2011 at 09:30 PM.

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