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by srothstein
Fri Dec 20, 2013 9:43 pm
Forum: General Texas CHL Discussion
Topic: A Badger Arrested
Replies: 60
Views: 7853

Re: A Badger Arrested

texanjoker wrote:
TPC §37.11 wrote: Sec. 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.
that is merely a CAD entry and not a police report. (CAD computer aided dispatch). Based on the limited article this guy allegedly ID himself as an undercover officer. IF he did that the arrest is good.[/quote]

Not quite. A person can identify themselves as a police officer all they want and not break the law. Note that there is an important second clause in that law as displayed above. The claim to be an officer must be with the intent to get the person to submit to their authority.

The news story does not match the report posted. I see it as more than the dispatch report since it includes the officer's statement. It does not include enough probable cause for an arrest for any offense, IMO. I agree that there must be more information available and I would like to see it.

So far, this looks like a case of an idiot who talked himself into a trip to jail but who will beat the rap when all is said and done.

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