Doug-
If he is a legit officer / deputy / etc, that AIN'T happening.
Erick
Doug....we talked about this...never surrender your weapon to an armed BG. Its a good rule to follow for a CW holder, and its GOSPEL to a LEO. "We'll just see about that???" are you serious??? If he is a true LEO, you will not be in control of anything. You will either be shot or in jail. Simple thing would be to ask for ID, and ask what is going on, lowering the weapon to shoot the guy at waist level (low COM) if needed, this way you can look the guy in the face, and see his ID. You will be less threatening to a real LEO and seem more open to discuss what is going on. If the guy is a BG and tries to make a move you can easily zipper the guy. If he is having problems making up a story, and problems finding ID then start raising your weapon again. Say your going to call 911 to sort this out. If the guy is encouraging it, he is LE. If he runs...well then you know.
You will probably know real quick if its a true LEO officer.
1) Most plain Clothes "On Duty" cops never work alone.
2) Most "Off Duty" would not get involved without calling for some backup unless it is a serious situation that needs to be stopped quickly (rape, attempted murder, etc). If there is a victim next to your brother, that doesn't look fake, or a part of a scam, this guy might be LE.
3) A robbery/assault and an arrest looks different.
Now there is a slight possibility that the guy is a LEO, but is up to no good. Perhaps your brother got into an argument with the guy and the cop is abusing his power. Perhaps your brother is sleeping with his wife, who knows. The best thing is to call 911 or at least threaten to call 911 (if you don't have a cell phone handy), if the guy is a LEO but has no intentions of arresting your brother. Maybe the fear of losing his job will snap him out of it.
Well the way I think of it is this:
1) He is in plain clothes, you don't know who he is, get him disarmed and under control.
2) Once that is done confirm his ID not just with him (because he is in plain clothes) but with local police.
3) In case he is a read BG I do not want to approach him or let my guard down in any way.
4) Once this is done it can be sorted out with police.
5) If he is a true law enforcemtn officer he would understand the need for this and would cooperate as to not get himself, me, his suspect (my brother in this case) or any other people around shot in a misunderstood gunfight. He would be doing the same thing in my shoes. In a reverse situation, police don't know that a man in plain clothes with a gun is necessarily a victim defending himself, they just see someone with a gun and need to get control of the situation.
6) If he is actually someone impersonating a policeman and with bad intentions he definately needs to be disarmed and controled. Better to be safe than sorry.
7) If he is a legitimate policeman and has backup nearby then they will confirm this themselves and their own identity.
8) There is no choice here, I have the drop on him, he either cooperates, properly ids himself or gets shot. The same would happen to me if I was covered by police. Why should citizens react any different. His common sense and the fact that he is a true LEO and a Good Guy should direct him to see this.
9) He should be able to see that since I am working to get the police involved and confirm his ID that I am not a bad guy or a real threat to him
10) If he and his supervisors don't understand this and feel rubbed the wrong way then I will probably get arrested and have to explain it to a jury. But I'd rather do that than have me, my brother or a cop end up dead
EDIT: You misquoted me. I didn't say "We'll JUST see about that" I said "We'll see about that." Big difference and misunderstanding on your part. I wouldn't be saying it in a macho man tone but in an assuring manner that essentially communicates "we will see if you are, but lets take this one step at a time" and proceed to control what you are doing.