Leader

Collapse

Announcement

Collapse
No announcement yet.

Question - Impersonation

Collapse

300x250 Mobile

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Question - Impersonation

    I have a question about impersonation in the state of Texas. Here's the scene in brief:

    A motorist on a two lane highway at night comes up behind a very old truck, doing about 20 mph, waits until passing is legal and passes the truck, only needing to do about 35 mph to do this. They come up to a stop sign or something and the guy in the truck pulls up beside the motorist, flashes a badge and hollers to the motorist that he'd better slow down and drive more carefully. When the motorist asks "Are you a cop?" the man in the truck answers "What do you think?" Come to find out, he's a security guard.

    Now, where I come from that's impersonation but some tell me that in Texas you can get away with this. I think he had every intention of presenting himself as a police officer, that he issued "lawful orders" of a police officer, and that he failed to disabuse the motorist of the impression that he was a police officer when he had the clear opportunity to do so. I also believe that the motorist was technically "pulled over" by virtue of flashing the badge, even if only briefly, as obviously no motorist would simply drive on if he thought this clown was a cop.

    The motorist in this case happened to be a security guard himself, and so it all ended with the two of them falling on each other's necks with sobs and kisses of forgiveness and love. Quite touching, I'm sure. However, had this been a little old lady with some guy flipping badges in her face and yelling "orders" at her, I'm sure she and most other citizens would have believed this was a cop.

    Opinions?
    Last edited by SecTrainer; 05-16-2007, 03:04 AM.

  • #2
    TITLE 8. OFFENSES AGAINST PUBLIC ADMINISTRATION
    CHAPTER 37. PERJURY AND OTHER FALSIFICATION
    37.11. Impersonating public servant.
    37.12. False identification as peace officer; misrepresentation of property.

    In this chapter:
    §37.11. Impersonating public servant.

    (a) A person commits an offense if he:

    (1) impersonates a public servant with intent to induce another to submit to his pretended official authority or to rely on his pretended official acts; or

    (2) knowingly purports to exercise any function of a public servant or of a public office, including that of a judge and court, and the position or office through which he purports to exercise a function of a public servant or public office has no lawful existence under the constitution or laws of this state or of the United States.

    (b) An offense under this section is a felony of the third degree.

    §37.12. False identification as peace officer; misrepresentation of property.

    (a) A person commits an offense if:

    (1) the person makes, provides to another person, or possesses a card, document, badge, insignia, shoulder emblem, or other item bearing an insignia of a law enforcement agency that identifies a person as a peace officer or a reserve law enforcement officer; and

    (2) the person who makes, provides, or possesses the item bearing the insignia knows that the person so identified by the item is not commissioned as a peace officer or reserve law enforcement officer as indicated on the item.

    (b) It is a defense to prosecution under this section that:

    (1) the card, document, badge, insignia, shoulder emblem, or other item bearing an insignia of a law enforcement agency clearly identifies the person as an honorary or junior peace officer or reserve law enforcement officer, or as a member of a junior posse;

    (2) the person identified as a peace officer or reserve law enforcement officer by the item bearing the insignia was commissioned in that capacity when the item was made; or

    (3) the item was used or intended for use exclusively for decorative purposes or in an artistic or dramatic presentation.

    (c) In this section, "reserve law enforcement officer" has the same meaning as is given that term in Section 1701.001, Occupations Code.

    (d) A person commits an offense if the person intentionally or knowingly misrepresents an object as property belonging to a law enforcement agency.

    (e) An offense under this section is a Class B misdemeanor
    Moooooooooooo, I'm a goat

    Comment


    • #3
      It'd be weak don't think a prosecutor would touch it in the long run
      Moooooooooooo, I'm a goat

      Comment


      • #4
        Originally posted by JSD73 View Post
        It'd be weak don't think a prosecutor would touch it in the long run
        Thanks for your response. Would you be inclined to present the facts of this situation to the prosecutor for his decision on filing charges, or make the decision in the field yourself?

        Comment


        • #5
          Originally posted by SecTrainer View Post
          Thanks for your response. Would you be inclined to present the facts of this situation to the prosecutor for his decision on filing charges, or make the decision in the field yourself?
          Personally, the situation would depend on the complainant and the interview that followed. I see it as he presented himself as a leo and with the intent to make the other person submit to his "authority". As stated, the interviews would dictate wether action would be warranted. If an arrest was made and the prosecuter dropped it then that is on them.

          Comment


          • #6
            Originally posted by JSD73 View Post
            It'd be weak don't think a prosecutor would touch it in the long run
            At least not in Harris COunty....

            Comment


            • #7
              Originally posted by dfwblue View Post
              I see it as he presented himself as a leo and with the intent to make the other person submit to his "authority". As stated, the interviews would dictate wether action would be warranted. If an arrest was made and the prosecuter dropped it then that is on them.
              That's how I see it also. You flash a badge (from a distance and in relative darkness such that it can't be read), you issue what I believe would have to be considered "police-domain" orders (what does private security have to do with how people drive on a public roadway?), and then you refuse to deny that you're a police officer when you're asked that question directly.

              I also feel that an individual would be considered to be "pulled over" or "detained" by flashing the badge, even if they only had to pause long enough to ascertain whether you were a cop or not on seeing the badge.

              I also agree that it should be the prerogative of the prosecutor as to whether or not this would go forward, as it's not the strongest case compared to what some cases of impersonation have involved, of course (such as false imprisonment). Nevertheless, it was my experience as an LEO that people who do this sort of thing even "casually" and get away with it will often begin to push the envelope in more serious ways. Now that I have something of a leadership role on the security side, I am keenly interested in ridding our field of individuals who show these tendencies.

              Thanks to those who commented.

              Comment


              • #8
                Just for 2cents I personally have FBI equipment for games. The game is Airsoft which i do use 5.11 gear with FBI logo which is the name of our team. I know its very serious but we do not impersonate as public servant and we are very care ful about wearing it.

                Comment


                • #9
                  Originally posted by HMFIC View Post
                  At least not in Harris COunty....
                  Yeah, you're right, a Harris County DA wouldn't touch that charge.

                  I reread the incident and although it borders on it, I'd probably chew the guys butt on the street and then notify the Texas Private Investigator and Security commission in regards to his behavior. You can probably hook him up but I think it'd be dropped pretty quickly.
                  Moooooooooooo, I'm a goat

                  Comment


                  • #10
                    Originally posted by Adp1984 View Post
                    Just for 2cents I personally have FBI equipment for games. The game is Airsoft which i do use 5.11 gear with FBI logo which is the name of our team. I know its very serious but we do not impersonate as public servant and we are very careful about wearing it.
                    If I was to encounter such equipment on a traffic stop and occupants of the car did not have Federal Creds on them a longer investigation would definitely start taking place. And I probably wouldn't immediately accept the Airsoft team excuse either. There are been a lot of reported crimes of people impersonating officers in the D/FW area to commit robberies and sexual assaults.

                    Its possible your "FBI Equipment" would be seized as evidence and charges of § 37.12. FALSE IDENTIFICATION AS PEACE OFFICER; MISREPRESENTATION OF PROPERTY would be filed against you for grand jury review and you might have argue in court that your air soft team qualifies for a defense to prosecution

                    Comment


                    • #11
                      Originally posted by Northtechsan View Post
                      If I was to encounter such equipment on a traffic stop and occupants of the car did not have Federal Creds on them a longer investigation would definitely start taking place. And I probably wouldn't immediately accept the Airsoft team excuse either. There are been a lot of reported crimes of people impersonating officers in the D/FW area to commit robberies and sexual assaults.

                      Its possible your "FBI Equipment" would be seized as evidence and charges of § 37.12. FALSE IDENTIFICATION AS PEACE OFFICER; MISREPRESENTATION OF PROPERTY would be filed against you for grand jury review and you might have argue in court that your air soft team qualifies for a defense to prosecution
                      Well some of the other teams should have known better. All those peace officers we play against. I will take this to my leader THANKS

                      Comment


                      • #12
                        Originally posted by Adp1984 View Post
                        Well some of the other teams should have known better. All those peace officers we play against. I will take this to my leader THANKS
                        I dont doubt that you play airsoft, or that you wear tactical gear that has the enforcement alphabet on it, or that you competitors that are LEO's.
                        What I'm saying that is that out side the environment of and air soft tournament, or out side your home. If I find that stuff I'm going to be very suspicious of what your really up to. And the simple explanation of "I play air soft" is not going to dismiss those suspicious or conclude my investigation.

                        Don't carry it around in your car when your not directly on your way to(or from) a tournament, and when you do keep in your trunk.

                        Comment


                        • #13
                          Originally posted by Northtechsan View Post
                          I dont doubt that you play airsoft, or that you wear tactical gear that has the enforcement alphabet on it, or that you competitors that are LEO's.
                          What I'm saying that is that out side the environment of and air soft tournament, or out side your home. If I find that stuff I'm going to be very suspicious of what your really up to. And the simple explanation of "I play air soft" is not going to dismiss those suspicious or conclude my investigation.

                          Don't carry it around in your car when your not directly on your way to(or from) a tournament, and when you do keep in your trunk.
                          No Doubt I have a AR 16 I would to be suspicious about that in a trunk.

                          Comment

                          MR300x250 Tablet

                          Collapse

                          What's Going On

                          Collapse

                          There are currently 5662 users online. 326 members and 5336 guests.

                          Most users ever online was 26,947 at 07:36 PM on 12-29-2019.

                          Welcome Ad

                          Collapse
                          Working...
                          X