On
June 2, 1995 an off duty Fairfax County cop saw a man driving erratically. The cop stopped the man who admitted he had
been drinking The off-duty cop arrested defendant and, although an on-duty
uniformed cop was then on the scene, the off-duty cop transported him to the
police station, where defendant gave a breath test. In granting the motion to suppress the arrest
and breath test, the court ruled that the off-duty cop had only the authority
of a private citizen, and while he could arrest defendant for a breach of the
peace, such as dangerous driving, his authority ended upon the arrival of the
on-duty cop.