Did an off-duty South Carolina police officer need a uniform or marked car to answer a neighboring jurisdiction’s distress call?

Plain-English summary

A municipal attorney followed up on an earlier opinion about officers responding to a distress call from an adjacent jurisdiction. The AG said a regular law enforcement officer did not need to wear a uniform or drive a marked police vehicle to respond under the authority discussed in that earlier opinion. It identified no general state statute imposing either condition on regular officers.

The opinion contrasted that conclusion with statutes expressly requiring uniforms for certain other categories, including highway patrol members. It did not purport to resolve rules for those categories or any separate local policy.

Currency note

This opinion was issued in 2004. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Did a regular off-duty officer have to put on a uniform before answering a neighboring jurisdiction’s distress call?
A: The AG said it knew of no statewide requirement for regular officers to do so in the circumstance discussed.

Q: Did the officer need to drive a marked police car?
A: The AG likewise found no state rule requiring a marked vehicle for the regular officer described.

Q: Did the same answer apply to every kind of law enforcement officer?
A: The opinion singled out other officer categories governed by express uniform provisions. Its conclusion concerned a regular law enforcement officer.

Background and statutory framework

The AG referred to its earlier reading of Section 17-13-45, under which a law enforcement officer could respond to a distress call from an adjacent jurisdiction. The follow-up opinion found no general uniform or marked-vehicle restriction for regular officers and contrasted the express uniform requirement in Section 23-6-100 for highway patrol members.

Citations

• Section 17-13-45
• Section 23-6-100

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/february-26-2004-follow-up/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/04feb26boulware.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
HENRY Mc.MAsrER
ATTORNEY GENERAL.

February 26, 2004

Thomas M. Boulware, Esquire
Attorney for the City of Barnwell
and the Town of Williston
Post Office Box 248
Barnwell, South Car.olina 29812
Dear Mr. Boulware:

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An opinion of this office to you dated February 4, 2003 dealt with the authority oflaw enforcement officers to respond to a distress call . . Following up on such, you have asked whether an o(f-duty officer responding to a distress call must respond in uniform and drive a marked vehicle. Please be advised that I am unaware of any State statutory provisions responsive to your question. In the referenced opinion this office indicated that pursuant to S.C. Code Ann. Section 17-13-45 (2003) a law enforcement officer would be authorized to respond to a distress call from an adjacent jurisdiction. In such circumstances, it is my opinion that a regular law enforcement officer would not have to be in his law enforcement uniform or his marked automobile in order to respond. I am unaware of any restrictions indicating that such regular law enforcement officers must be clothed in his uniform or riding in a regularly marked law enforcement vehicle in order to have Jaw enforcement authority. Compare: S.C. Code Ann. Section 23-6-100 (Members of the Highway Patrol "shall at all times, when in the performance oftheir duties, wear complete uniforms ...."; Section 23-28- 100 (Reserve police officers " ...shall wear uniforms which will identify them as law enforcement officers."; Section 23-6-220 (Department of Public Safety Special Constables " ... assisting a full time department law enforcement officer shall wear uniforms or other insignia which identify the constable .... "; Section 50-3- 130 (Officers ofthe Natural Resources Enforcement Division are

REMBEKT C. DENNIS Bun.DING • POST OFFlcE Box 11549 • COWMBIA, S.C. 29211 -1549 • TEl...EPHONE: 803-734·3970 • fACSIMlll: 803-253-6283

Mr. Boulware
Page2
February 26, 2004

to be provided a unique and distinctive official uniform " ... to be worn by ... (them) ... when on duty .... "). Very truly yours,

Charles H. Richardson
Senior Assistant Attorney General
REVIEWED AND APPROVED BY:

Robert D. Cook
Assistant Deputy Attorney General