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LADYLAWYER
LADYLAWYER, Lawyer
Category: Legal
Satisfied Customers: 6531
Experience:  Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
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IS IT ILLEGAL FOR A CITY EMPLOYEE WHO IS NOT A LICENSED PEACE

Resolved Question:

IS IT ILLEGAL FOR A CITY EMPLOYEE WHO IS NOT A LICENSED PEACE OFFICER AND IS NOT EMPLOYED AS A POLICE OFFICER TO OPERATE A MARKED POLICE UNIT ON A TEXAS ROADWAY? IF SO, WHAT'S THE STATUTE ON IT?
Submitted: 1 year ago.
Category: Legal
Expert:  LADYLAWYER replied 1 year ago.

LADYLAWYER : Hello!
Customer:

Hello

LADYLAWYER : It is illegal unless the person meets one of the exceptions in the statute. I am going to paste the statue here, but it may not come through right because this Chat feature isn't good for that. Let's see... CHAPTER 37. PERJURY AND OTHER FALSIFICATION § 37.12. FALSE IDENTIFICATION AS PEACE OFFICER; MISREPRESENTATION OF PROPERTY. (a) A person commits an offense if: (1) the person makes, provides to another person, or possesses a card, document, badge, insignia, shoulder emblem, or other item bearing an insignia of a law enforcement agency that identifies a person as a peace officer or a reserve law enforcement officer; and (2) the person who makes, provides, or possesses the item bearing the insignia knows that the person so identified by the item is not commissioned as a peace officer or reserve law enforcement officer as indicated on the item. (b) It is a defense to prosecution under this section that: (1) the card, document, badge, insignia, shoulder emblem, or other item bearing an insignia of a law enforcement agency clearly identifies the person as an honorary or junior peace officer or reserve law enforcement officer, or as a member of a junior posse; (2) the person identified as a peace officer or reserve law enforcement officer by the item bearing the insignia was commissioned in that capacity when the item was made; or (3) the item was used or intended for use exclusively for decorative purposes or in an artistic or dramatic presentation. (c) In this section, "reserve law enforcement officer" has the same meaning as is given that term in Section 1701.001, Occupations Code. (d) A person commits an offense if the person intentionally or knowingly misrepresents an object as property belonging to a law enforcement agency. (e) An offense under this section is a Class B misdemeanor.
Customer:

thank you, XXXXX XXXXX reading

LADYLAWYER : Sure, no problem.
Customer:

This is very vague in detail. Would a secretary fall under this statute as being illegal?

LADYLAWYER : Secretary of...?
Customer:

secretary of a police agency

LADYLAWYER : The statute says it can be considered impersonation if the person who bears the item containing the insignia is "not commissioned as a peace officer or reserve law enforcement officer as indicated on the item."
LADYLAWYER : So technically, it would be illegal.
Customer:

ok, thank you very much.

LADYLAWYER : That being said, not sure who would arrest them :)
Customer:

i appriciate your time and effort

LADYLAWYER : Especially if they were given permission by their boss.
Customer:

this isnt for a criminal matter, just general questions from curiosity

LADYLAWYER : You are most welcome. Any further questions, pleasejust let me know. If not, would you kindly leave me a positive rating before you go? It will cost you nothing further to do. Thanks so much!
Customer:

i have one question in regards XXXXX XXXXX i only needed this one question and do not wish to have a subscription. how would i go about canceling any further automatic withdrawls from my account?

LADYLAWYER : Ah, okay. I will send this to customer service and they will make sure you are not charged again. They are good about following up on this.
Customer:

ok hank you

Customer:

thank

LADYLAWYER, Lawyer
Category: Legal
Satisfied Customers: 6531
Experience: Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
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