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WildBill wrote: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.

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.

kg5ie wrote:I am guessing charge will be 46.035:

(d) A license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed.

Will depend on if they found him intoxicated. He said in the article they never gave him a sobriety test, so doubt that was brought into it upon their interview with him on scene.

texanjoker wrote: Charles,

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. I'd be curious to read the full report as well to see if they smelled the odor of an alcoholic beverage emitting from his person. Why is he asking some guy to see the drugs in his car, ect??? This case will be interesting to see how it plays out in court.

“Trujillo appeared to be intoxicated,” Peel said in an email. “During the on-scene investigation, it was determined by officers that Trujillo had allegedly identified himself as an undercover police officer to a witness at the car wash.”
Read more here: http://www.star-telegram.com/2013/12/20 ... worth?rh=1" onclick="window.open(this.href);return false;#storylink=cpy

If he did ID himself as a peace officer, then it MIGHT be a good arrest. It will be a he said/he said. And, unless he actually gave the person a command to submit to his pretend position, then it may not be a violation. And if the officers didn't see the pistol intentionally exposed, he will win that one if not dropped.

Bottom line, this is why I think a CHL badge is not a good idea, but just the possession and display of one is not a violation unless you try to use it to make someone submit to a command of authority.

EDIT TO ADD: Didn't see srothstein's post before I posted this, but

totally with his comment.

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