OFF-DUTY POLICE - Limited Authority

The position of a police officer was never intended for private purposes. Under Texas law, specifically the Texas Code of Criminal Procedure (Article 2.12), police officers are appointed to enforce public laws and maintain public order, not to serve private interests. The U.S. Supreme Court has also affirmed this distinction, notably in cases like Marsh v. Alabama (1946), which clarified that public police powers do not extend to private property unless acting under a clear public mandate. Using off-duty officers for private enforcement misaligns with their governmental role.

The 4th Amendment of the U.S. Constitution mandates that police officers, whether on-duty or off-duty, must have probable cause to act. A private business cannot authorize an off-duty police officer to violate another person’s civil rights, such as enforcing private property or "house rules," which would constitute an illegal overreach. In Texas, this is classified as a criminal offense known as "Official Oppression" when a police officer enforces private rules.

An off-duty police officer is legally bound to enforce only the law—nothing more. This responsibility remains unchanged, even if directly paid by a private business. Any action beyond legal enforcement risks violating civil rights and violating Texas law by the police officer and the business employing the officer.

• NOT licensed or insured to provide security.
• Have no legal authority without probable cause.
• Cannot stop or detain a person on private property without probable cause.
• Legally cannot act as an agent of a private business, even with written consent from the business owner.
• Legally cannot enforce private property rules.
• Legally cannot issue trespass warnings on private property on  behalf of the business, even with written consent from the business  owner.
• Legally cannot enforce "city" trespass affidavits since the affidavits have no legal authority on private property
• Cannot enforce private property "No Trespassing" Signs.
• Legally cannot access their police databases for their personal or off-duty employment use.
• and many more restrictions to name here..

Police agencies in Texas do not provide liability insurance for their officers working off-duty in extra-employment roles. They expect the private employer to assume all risks and liabilities, including any claims against the police officer or incidents involving use-of-force incidents. This leaves businesses vulnerable to legal and financial consequences or losses with no financial loss to the police officer.