A Badger Arrested

[Oldgringo]

This is the very, about only, reason that I favor OC. Unintentional display, like the other stuff, sometimes happens.

Being 'snocked' at the car wash; OTOH, is a horse of another color.

[jmra]

This is the very, about only, reason that I favor OC. Unintentional display, like the other stuff, sometimes happens.

Being 'snocked' at the car wash is a horse of another color.

Probably would have been fine if he hadn't gone snooping in other people's cars looking for drugs and checking the prescription labels on medicine bottles.
"I saw that he had drugs in his car. I asked if those were his. He said they were. He showed me the prescription bottles."

[Charles L. Cotton]

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.

[srothstein]

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.

[carlson1]

The claim to be an officer must be with the intent to get the person to submit to their authority.

[Oldgringo]

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.

[ Image ]

Me too. One doesn't mess with Badgers...a second time.

[Keith B]

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.

[kg5ie]

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.

[bigbang]

There's a pattern of abuse of power in some counties. If the initial bogus charges don't stick make up new bogus charges.

[Keith B]

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.

[Krampus]

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

something more like http://www.amazon.com/Honey-Badger-Dont ... 1449419658

[Oldgringo]

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

something more like http://www.amazon.com/Honey-Badger-Dont ... 1449419658

LSU had a Honey Badger a couple years ago who helped them win a National Championship. Apparently, he couldn't handle the 'honey'....and that's a pity.

[texanjoker]

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.

to a point, but if he did examine the guys pills and stuff, while wearing a badge and saying he is a UC, he has some issues and probably has a big case of badge envy. As in most cases, not enough to know exactly what he did or did not do based on a news article. I'd be curious to know if he always runs around with the badge on his neck, or only when "special" circumstances warrant as in a case where he is examining a guys prescription pills at a car wash . Another interesting question I have would be is the person that called the police the same as the person who had their pills examined? One may have read the badge while another was subject to his wanna be copness.

[gdanaher]

There seems to be a pattern nationally that only those chl holders who find themselves in need of counsel are those who may have wanted to play deputy dog and go a little too far. If he was washing his car how would anyone in the adjoining area know of the gun? This is the sort of stuff that reflects poorly on everyone else.

[MechAg94]

So is it the guy he claimed might have been on drugs the one that called the cops? A little payback for spotting his stash of pills? If that is the guy who claims he said he was an officer, I doubt he is the best witness.