311.30, Off Duty Responsibility of Officers
- ORS §133.235, Peace Officer Arrests
- Under ORS §133.235, Peace Officer Arrests, sworn officers retain their authority twenty-four (24) hours a day, anywhere in Oregon. While Police Bureau members may be authorized to take police action when off duty, off duty members should defer to the appropriate law enforcement agency whenever possible. Members taking off duty police action lack equipment, risk injury, and may create confusion on scene. The ability for a member to be a good witness and/or summon on duty help is highly valuable and furthers quality police work.
2. A member who takes off duty police action in effect becomes an on duty member for Police Bureau purposes.
- A member considering off duty police action (e.g. stopping or detaining a subject, making an arrest, showing police identification in an official capacity, etc.), must assess the incident and assess their abilities in relation to the incident, by taking into account the following factors, before initiating off duty police action:
1.1. Personal Assessment:
1.1.1. Fitness for duty (e.g. physical injury or impairment (intoxication)),
1.1.2. Ability to communicate with public safety responders,
1.1.3. Threat of injury,
1.1.4. Availability of police equipment.
1.2. Incident Assessment:
1.2.1. Seriousness of the offense,
1.2.2. Availability of on duty assistance,
1.2.3. Threat of injury,
1.2.4. Immediacy of the need to prevent the crime or apprehend the suspect,
1.2.5. Tactical situation.
2. Members shall not make arrests, issue citations, write reports, or otherwise use their official position to gain an advantage in a personal conflict, whether on or off duty. When a personal relationship is involved, members may not take police action except to prevent an immediate threat of physical confrontation. In said situations, members shall notify the agency responsible for the jurisdiction in which the event is occurring for appropriate action and investigation. Members shall immediately notify an on duty Portland Police Bureau supervisor about this call for service either in person or by phone.
3. A member who takes off duty police action shall immediately:
3.1. Notify an on duty supervisor in the jurisdiction where the action occurred, either in person or by phone,
3.2. Notify an on duty supervisor with the Bureau, either in person or by phone,
3.3. Notify their supervisor, either in person or by phone,
3.4. Document their activities within an appropriate police report during their next work shift or as required by a supervisor.
- Originating Directive Effective: 09/06/01
- First Revision Effective: 01/20/06
- Second Revision Effective: 11/19/14
- Third Revision Effective: 7/30/15
- Next Review Date: 7/30/17
- Review By: Chief’s Office