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Yes, it's legal. In all cases in the United States at least. Even if the police officer is on duty.
Even if a city or state has some sort of disorderly conduct law, an obscene gesture law, or a profanity law, the Supreme Court of the United States has routinely and consistently weighed in on the issue and in each instance has found that it is absolutely a right of free speech to flip off a police officer, even when they're on duty. If they're off duty, this doesn't change. The rights a police officer has are the same as everyone else's, and that status does not change based on whether they are working or not.
Time magazine ran an article on this topic in 2009. If you Google the name "David Hackbart" you'll find a recounting of his case, which was focused on this very issue.
Additional instances have appeared in the Supreme Court's history, as discussed in an article that you can google from the Huffington Post in 2013, which involved a man named John Swartz.
In both cases the charges were dismissed, and the people who had been cited later had their cases settled out of court by the police departments in question, with personal damages awarded for having their rights to free speech improperly infringed upon.
Yes, it's legal to flip off a cop. In all cases.
The police officer may not realize that at the time, and the first judge that hears the case might not realize that at the time he hears your case, but that doesn't make it any more illegal. The Supreme Court has ruled consistently and repeatedly that this is free speech and as such, is absolutely legal.
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Should a off duty police officer inform you that he is a police officer?
No he doesn't have to tell you. However, if the off-duty officer is interacting with you in his official capacity, he must identify himself at that point
Can an off duty police officer stop you with flashers?
no they have to call someone who is on duty to pull you over
Does an off duty police officer retain the legal status of on duty officer?
yes because they have equal right if there on or not they are the same its just the clothes that changes
Can a police officer from Illinois bring his weapon into Chicago when off duty?
Yes. Police officers in Illinois are allowed to carry their weapons off duty anywhere within the State.
Can an off duty police officer defend himself with a weapon when life is threatened?
Yes.
Can an off-duty police officer give you a ticket in California?
I don't know for sure, but if they have take home cars that they are allowed to drive in their off time, I would imagine that means that they are always on duty.AnswerYes, in California it is totally legal for an off-duty officer to issue you a citation. It will usually come in the mail or they will have a marked patrol unit pull you over. If s/he elects to have you pulled over by a marked patrol unit, then after the officer contacts you, the off duty officer will issue the ticket. Also, a police officer in California has "Police Powers" anywhere in the State of California. I know this because I am a police officer in California and have written several citations while "off duty".
Can a off duty police officer in Arkansas take your license for speeding?
Police officers are NEVER "off-duty" and if the violation was severe enough, and under Arkansas law they possess this power, yes, they can do so whether officially on or off duty.
What can you ask police?
If you are a police officer you would not need to ask. A police officer doing his duty will treat another police officer as any member of the public (if they are out of uniform and off duty).
Can an off duty out of jurisdiction police officer act as a police officer?
Possibly. More specifics must be known before any kind of more specific answer can be given.
Can an off duty police police arrest you?
Yes, as long as they carry their warrant card. A citizen can arrest you if they witness you commit a crime. Police can do it if they suspect you have or are about to, whether they are on duty or not.
Can an off-duty police officer give you a ticket in Ontario Canada while he is in his civilian clothes and his take home car?
Yes. A police officer is able to act on any illegal activities that he may see. So in your case yes. This doesnt happen much because an off duty cop is on break and littering is a pity crime i dont see why he/she would intervene and waste his/her time.
Does a off duty police officer not in uniform have to inform you he is an officer?
If he is engaged in activity that requires being a police officer, such as making an arrest or serving a warrant, then, yes. Otherwise, the off-duty office is not obligated to tell anyone he is an officer. One exception could be for members of law enforcement agencies that are required to disclose their status during any adverse police contact (such as a traffic violation), but those are fairly rare. In most cases, off-duty officers can leave it all at work and not take on any police responsibilities until it's time for them to go back on duty.
