An off-duty officer from Arlington County observes an Assault and Battery in Loudoun County while on the way home. May they arrest, and does uniform status matter?

• A. No, off-duty officers cannot arrest in another county
• B. Yes, they can arrest; status does not matter; they would be acting as private citizen
• C. Yes, but only if they are in uniform
• D. They may only detain, not arrest

Answer: (B)

The key idea is that off-duty officers still have arrest power when they witness a crime, even if it happens in another county. In Virginia, a private person may arrest someone for a felony or for a misdemeanor breach of the peace if the offense is committed in the private person’s presence. An off-duty Arlington County officer who sees an assault and battery in Loudoun County is acting in that moment as a private citizen, so they may detain and arrest the suspect regardless of the county. The officer’s uniform status does not matter for this private-arrest authority. If they choose to act, they should identify themselves as a law enforcement officer if possible, ensure the situation is handled safely, detain and then hand the person over to Loudoun authorities, and document the incident.