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It makes no difference if the officer is on or off duty. A police officer is sworn to uphold the law 24/7/365 - his authority goes with him wherever he goes.

Not really enough is disclosed about the situation to give more than a general answer. Although an attempted burglary is usually not a felony offense, if certain criteria are met and all other options have been exhausted, providing that the the necessary requirements for the officer to use deadly force exist, an officer could conceivably have grounds for firing at the fleeing burglar .

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Q: Can an off duty police officer shoot at someone who is driving off after they attempted burglary?
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Related questions

Can someone get charged with attempted murder for driving way too fast?

not a chance.


What could happen if you kill someone while driving under the influence?

You would get caught with mansluahter and Drunk driving. If it was you who did this, it wasn't attempted murder, which helps.


How much time for a felony burglery?

Depends on a lot of factors. I know someone who was convicted of attempted burglary and only got a year. But that only involved a corner store. So it depends on a lot of things.


Why is someone charged with felony burglary if they were the driver and never went into the house?

Someone can be charged with felony burglary even if they were the driver and never went in to the house because they helped in the commission of that crime.


When may a police officer arrest someone for a misdemeanor?

To make a summary arrest for a misdemeanor offense, GENERALLY, the officer must actually observe it take place (i.e.: it occurs within range of his senses). HOWEVER: Many(all?) jurisdictions list exceptions to this which involve more serious offenses, and which are known as "Probable Cause Misdemeanors," and an officer may make an arrest even though he may not have actually observed the crime. One jurisdiction's list (Washington DC) is typical: "Simple Assault - Petit Larceny - Unlawful Entry - Receiving Stolen Property - Attempted Burglary - Attempted Larceny - Attempted Auto Theft." The foregoing seven offenses are all codified as Misdemeanors, however they are the listed exception to the misdemeanor arrest rule, and an officer need not have observed them take place in order to make a summary arrest. CAUTION: Other jurisdictions exceptions MAY be different.


When is breaking and entering not burglary?

Breaking and entering is not burglary when nothing is actually stolen. If someone breaks a window, enters the house, walks for 5 seconds, then leaves the way they came, that's not burglary. However, it IS breaking and entering.


What is classed as attempted murder?

If you attempted to murder someone but didn't succeed, (went to stab someone but missed and was arrested), or if you ran someone over wanting to kill them, but they survived.


What is the difference between home invasion and burglary?

Home invasion involves forcibly entering someone's home while they are present, with the intent to commit a crime or harm the occupants. Burglary involves entering a building or home without permission with the intent to commit a crime, typically theft, regardless of whether the occupants are present. Essentially, home invasion is a more severe form of burglary due to the element of force or threat involved.


Can someone serving time for residential burglary be charged with another count of the same thing that occured before the original sentence?

Yes. A person can be charged for every single burglary they committed.


Does a police officer need a search warrant to come onto your property?

A police officer needs a search warrant signed by a judge to search your property for evidence. The officer does not need a search warrant to come onto your property if he has reasonable grounds to think a crime is in progress or if the officer is in pursuit of a suspect.


Can you put the word misdemeanor in a sentence?

Attempting burglary is more of a misdemeanor than killing someone.


Can a police officer take a blood sample from someone in hospital suspected of drink driving?

No he cannot do that, but he does have the authority to request the hospital personnel perform the blood draw.