Village of Brookville v. Louthan

The stipulated facts in this case include that the complaining witness was an off-duty municipal police officer in a private unmarked vehicle, although in uniform, and on his way home from work when he observed the defendant within the cify limits violate a city traffic ordinance. The defendant contends, first, that since the complaining witness was off-duty, he was not authorized to make an arrest. Secondly, the defendant contends, that he was arrested. Thirdly, the defendant contends that even if he were lawfully arrested, R.C. 4549.14 and Evid. R. 601(C) make the officer incompetent to…