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Third Motion (Moonlighting)

posted 1/21/2009 9:01:38 PM |
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[Motion to Discharge the Charge or Dismiss Proceedings Against the Defendant]

Case No: 94310DV Charge: Drunkenness in public]

The grounds therefore included: the Officer, who made the arrest and transported the defendant to the XXX County Detention Center, acted under the color of State law. {“[THE OFFICER] WAS ON AN OFF DUTY ASSIGNMENT AT THE XXX HOTEL,” Narrative, Incident Report, OCA: 0813234.} “Off-duty work performed by law enforcement officers shall not be considered as work done within the scope of his [public] employment…” Liability of public employer for off-duty acts, S.C. Code 1976, Section 23-24-30. That statute also stated, “and no public service district, municipality, county, state, or any of its political subdivisions shall be liable for acts performed by off-duty law enforcement officers as permitted by this chapter.” The Officer acted as a private security guard essentially, rather than in the capacity to have carried out a purely, public, law, enforcement function. You please will have taken notice of cross references: Circumstances where any person may arrest a felon or thief, S.C. Code 1976, Section 17-13-10 and Additional circumstances where citizens may arrest; means to be used, S.C. Code 1976, Section 17-13-20. In addition, you please will have taken notice of the supplemental information on another page.

Dated: 20th January 2009

XXX (Pro Se)


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Jan 21 @ 9:02PM  
So that there was to have been no confusion, Title 23 of the Code was titled, “Law Enforcement and Public Safety.” Chapter 24 of Title 23 was titled, “OFF-DUTY PRIVATE JOBS OF LAW ENFORCEMENT OFFICERS.” ‘Law enforcement officer’ was defined: “Uniformed law enforcement officers, as defined in Section 23-23-10, and reserve police officers, as defined in Section 23-28-10(A)…” Use of official uniforms and weapons by officers on private job, S.C. Code 1976, Section 23-24-10. "Law enforcement officer" means an appointed officer or employee hired by and regularly on the payroll of the State or any of its political subdivisions, who is granted statutory authority to enforce all or some of the criminal, traffic, and penal laws of the State and who possesses, with respect to those laws, the power to effect arrests for offenses committed or alleged to have been committed…” Purpose; definitions, S.C. Code 1976, Section 23-23-10 (E) (1). Furthermore, acts performed by off-duty, law enforcement officers, as permitted by Chapter 24, were classified as such, because certain conditions were met; and those conditions followed: “Uniformed law enforcement officers… may wear their uniforms and use their weapons and like equipment while performing private jobs in their off duty hours with the permission of the law enforcement agency and governing body by which they are employed… Each agency head shall determine before such off-duty work is approved that the proposed employment is not of such nature as is likely to bring disrepute on the agency, the officer, or the law enforcement profession, and that the performance of such duties and the use of such agency equipment is in the public interest…” Use of official uniforms and weapons by officers on private job, S.C. Code 1976, Section 23-24-10, and “Uniformed police officers performing private jobs during their off duty hours shall be required to notify the appropriate law enforcement agency of the place of employment, the hours to be worked and the type of employment…” Notice to agency concerning off-duty employment, S.C. Code 1976, Section 23-24-50.

Jan 21 @ 9:19PM  
Does this mean your off the hook??

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Third Motion (Moonlighting)