I don't care if his "badge" says FBI, CIA, DEA, or lowly deputy.
Are you the same person who posted on GT on CT? You were more polite there. WTF?
Does an off duty police officer in civilian clothes have the same power and authority as he does when on duty, dressed in my police uniform? Is he within his authority to exercise the same powers as he may when on duty?
Each State can be different. Within that State, jurisdictions may be different. As a general rule, yes, they have the same authority off-duty, however, it is usually reserved for person felonies (in practial application).
I can only speak to KS, but we are not automatically given LE authority outside our stated jurisdiction. ie. County Deputies are only in their jurisdiction in the County they hold Sheriff appointment cards for. However, we are regulated and certified through the State. Also, our jurisdiction follows to anywhere we are asked to assist or when the crime occured in our jurisdiction and went into another, we are allowed in "fresh pursuit".
I just thought of something that gave me a "duh" moment. It wouldn't have made any difference whether or not this officer was on or off duty, whether or not he was in full uniform or jeans and a flannel shirt. This incident took place on private property! The officer has no jurisdiction on private property unless called by management/ownership (or to intervene in the obvious such as theft or malicious activity).
Am I wrong with this?
You also have to consider Wal-Mart is a public venue. Any LEO has the right to be there, as much as anyone else. If they see a crime, they may react to it. There may also be an arrangement between local LE and the store; official or unofficial. Of course, the store has the right to use trespass laws against individuals.
Open carry indside Wal-Mart, which is private property, would be legal, unless there is some provision that limits such activity in State or Local law. That's for each of you to look up, in your own places of business, residences, and travel.
Flashed a badge and what??
Call 911. Right now. Report a police impersonator. Tell them you are holding him until they get there. And you have a gun.
You have no way to check his credentials. And until the police arrive, he's the one who gave you PC.
Anyone can hold a badge....
Really? You're going to "hold" an identified LEO? All in the hope that is an impersonator of a LEO. What if he tries to leave? What are you going to do, then?
This post contains, almost completely, terrible advice.
What happened to: get his information and confirm he is a LEO (may be harder to get an answer in large jurisdictions as dispatch may not know LEO's names)? I would definitely try that before this poster's crap idea.
OP should have kicked the off duty cop in the balls
You would take an encounter where you may be wronged and make sure you break a law to physically wrong someone else. That makes OC look real good. OC'er gets arrested for battery of off-duty LEO. Way to go, dumbass.
_____________________________________________________________________________
As far as the OP, I see fails on both sides. It definiely leaves more questions than answers on the LEO's side of things. Handling a carry firearm inside a store is never a good thing. OP should have done some things differently, as well.
_____________________________________________________________________________
This place has sure changed...I haven't been around here in a few years. Now, it's all about recording devices, asking if you're being detained every other sentence, and hating cops. Sad.