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by Charles L. Cotton
Fri Dec 20, 2013 7:01 pm
Forum: General Texas CHL Discussion
Topic: A Badger Arrested
Replies: 60
Views: 7820

Re: A Badger Arrested

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.
If he held himself out as an officer, then he has a problem. However, the report contains information that indicates the badge he was wearing was believed to be proof of having a CHL. Here's the relevant part: "AND HAS WAS LOOKS LIKE A PERMIT TO CARRY DISPLAYED ON CHAIN." It's clear from this quote the the badge was not believed to be a LEO badge.

I certainly don't see any basis for TPC §46.035(a) [concealment] arrest or charges. The "intentional" conduct requirement is a big problem for LEOs and prosecutors, just as was intended.

I truly believe that had this guy not had the CHL badge, no call or arrest would have occurred.

Chas.
by Charles L. Cotton
Fri Dec 20, 2013 4:01 pm
Forum: General Texas CHL Discussion
Topic: A Badger Arrested
Replies: 60
Views: 7820

Re: A Badger Arrested

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.
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.
scottmeador wrote:
n5wd wrote:I'd like to read the offense report on this one.
Public record search from FWPD website:

On Wednesday, 12/18/2013, at 1546 hrs., I, Officer J. Polyak #4064 and Officer C. Chambers #3857, while working E215 and driving marked patrol unit 1471589, were dispatched to a person with a weapon call at the Meadowbrook Car Wash located at 5151 Brentwood Stair Rd. The details of the call stated: "SUBJECT WITH A GUN.....HM WRNG BLK/GOLD HAT/ BLK SHIRT WITH GOLD LOGO....IN A WHITE JEEP ...AT THE CAR WASH ON BRENTWOOD STAIR DOWN THE STREET FROM TEXACO." "SUBJECT HAS VEHICLE PARKED IN THE CAR WASH AND IS WALKING AROUND ....IS STANDING BY A SILVER JEEP....." Assisting us on this call were officers J. Keys #3844 and S. Nguyen #3393 working as E235. Officers Keys and Nguyen had also received a person with a weapon call at this location, and were dispatched at 1539 hrs. The call number for this incident is 130986125, and the details stated: "MEADOWBROOK CAR WASH...SUSP HM OR INDIAN APPROX 50 YOA MARINE HAT BLK SHIRT AND JEANS ..SUSP VEH A PEARL COLORED SEDAN IN ONE OF THE BAYS..POSS HAS GUN IN POCKET AND HAS WAS LOOKS LIKE A PERMIT TO CARRY DISPLAYED ON CHAIN..CP SAYS SUSP ACTING ODD..CP WILL REMAIN ON SCENE.." "CP SAYS SUSP HAS NOT THREATENED CP BUT DID SAY HE WAS LOOKING FOR SOMEONE.." I placed ARR under arrest for PC 46.035 G UNL CARRY HANDGUN LIC HOLDER and PC 37.11 IMPERSONATE PUBLIC SERVANT. ARR was transported and booked into jail without incident. PIC advised us that ARR had not outstanding warrants for his arrest. A report was generated.

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