Pop Quiz: Off-duty RESERVE officer is working an extra job at a traffic construction site. He is a reserve officer from another county. He observes a car going the wrong way down the road (breach of the peace), gets on his motorcycle, stops car and dude is drunk as a skunk.

Defense counsel agrees that any peace officer can make a stop for breach of the peace outside their jurisdiction. But he argues since this is a RESERVE officer and not a full fledged peace officer, he legally could not stop the car going the wrong way.

Any one run across this RESERVE officer situation before?

I don't think it matters whether or not he is a reserve officer or peace officer.

Article 14.01 states, "A peace officer or ANY OTHER PERSON, may, without a warrant arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed as a felony or as an offense against the public peace.

Under the facts you stated, the reserve would at the very least fall within the languqage of "any other person" and since the conduct is a offense against the public peace I dont see an issue.

Also,look at Article 2.12(3) which states that reserve municipal peace officers who hold a permanent officer license are peace officers.

If your arresting officer turned over the arrest promptly to a local on-duty officer, can't see why you'd have a problem. Look at Preston, 983 S.W.2d 24 if that is an issue.

Officer did promptly turn over to correct police agency. Thanks for the help.

I thought there were some problems (criminal violations) with reserves working extra jobs. Harris Cty. even prosecuted some of those cases a few years back. Are there some exemtions/changes in the law ?