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Keith B wrote:Actually, I believe to meet the full violation they would have to give a command to a person and direct them to do something as a police officer would. Just saying you are a cop or having a badge is not legally a violation.

I understand what you are saying, but I just read a story about a guy arresting for impersonating a fire fighter. He was a volunteer firefighter on the way to a fire and got pulled over. The story was that he was arrested for identifying himself as a fire fighter. He did not try to direct traffic, tell people not to go into a building, etc.

Most public servants don't have badges, so having a badge isn't the only way to impersonate one.

In the OP, if Trujillo told the guy in the carwash, let me see those pill bottles, that would be directing that person to do something that an LEO would do. If a guy has a badge around his neck, even if it says CHL, I could see a conviction. Of course we don't know all of the story.

Keith B wrote:Just saying you are a cop or having a badge is not legally a violation.

If you walked up to an LEO and said "I'm here to help, I'm a Cop." and then showed your badge, you would find yourself in handcuffs.

I am having seconds thoughts about the ability to charge and convict this man of impersonating a public servant.

Originally I had the mindset of arresting the man for impersonating a peace officer, but that is not the case.

Based on some of the arrests I have read you could be arrested for going to a movie theater, showing your CHL badge and walking in to see a free movie.

The law is for any public servant, not just for impersonating an LEO, so he wouldn't have to say "police" to induce someone to let you in the theater.

It seems like this could also apply to someone impersonating a health inspector trying to get a free meal at a restaurant or telling a person you work for NASA so you get a discount on your hotel room.

The way it is written, the law seems pretty vague. I think they did that on purpose.

Texas Penal Code Sec. 1.07. DEFINITIONS.
Public servant" means a person elected, selected, appointed, employed, or otherwise designated as one of the following, even if he has not yet qualified for office or assumed his duties:
(A) an officer, employee, or agent of government;
(B) a juror or grand juror; or
(C) an arbitrator, referee, or other person who is authorized by law or private written agreement to hear or determine a cause or controversy; or
(D) an attorney at law or notary public when participating in the performance of a governmental function; or
(E) a candidate for nomination or election to public office; or
(F) a person who is performing a governmental function under a claim of right although he is not legally qualified to do so.

rotor wrote:I agree but apparently intoxication was not listed as part of the arrest. If the alcohol was not listed and no forensics done what do they have, a guy with a dumb badge around his neck, a gun in his pocket (legal for a chl) and the question of impersonating a leo. Seems to me that if the badge said "CHL holder" than he was not impersonating a "public servant". This will probably cost him a lot of money but from my limited legal experience I can't believe he will be convicted.

It seems to me that the only witness to testify that Trujillo was impersonating a public servant would be the other person at the carwash who allegedly showed Trujillo his prescription bottles and tried to hide them. I don't think he tried to fool the LEOs into thinking he was also an LEO. If he has a good lawyer, I think he will beat it. I also hope that Mr. Trujillo lightens up on the badge thing.

Charles L. Cotton wrote:By no means am I advocating CHL badges!

Based upon that report, I don't see evidence to convict him of either a violation of TPC §46.035(a) or TPC §37.11.
Chas.

I just read this thread. Based on the title, I was expecting a different story.