The North Carolina Criminal Law Blog notes that a new case implicates law enforcement officers’ authority when off-duty.
The issue was addressed in State v. Capps, North Carolina Supreme Court.
The rule of the case is that on officer who is off-duty is still an officer and has the authority to, among other things, search, arrest and seize. There is no distinction, the Court ruled, between an officer’s on- or off-duty status, said Greensboro Criminal Defense attorney.