Hypothetical question on impersonation laws

[CEDA]

I'd like to ask LEO's (Specifically CA LEO's) what they'd think if they saw a person walk down the street in a non FLEO but still Federal issued Jacket/Shirt, etc. I've read the local laws and have come to the conclusion that it's pretty legal but not suggested at all.

-Excerpts from California's Penal Code, Section 538d-

• 'any person other than one who by law is given the authority of a peace officer, who willfully wears, exhibits or uses the authorized uniform, insignia, emblem, device, label, certificate of a peace officer is guilty of (Misdemeanor) and (Punishment here)

-TSA, CIA and FEMA employees are not peace officers and have most of the items listed above. Could a person be arrested for wearing a TSO jacket, FEMA windbreaker, shirt with CIA Symbols on it?

• And another thing was 'any person other than one who by law is given the authority of a peace officer, who willfully wears, exhibits or uses the authorized uniform, insignia, emblem, device, label, certificate For the purpose of fraudulently impersonating a peace officer, or inducing the belief that he or she is a peace officer is guilty of a (Misd) and (Punishment here)

- What constitutes as 'For the purpose of-', what if you have no intention of impersonating or trying to induce the belief (Should retired veterans and security guards not wear their uniforms just because they might be accidentally mistaken for Active Duty Military or Police?)


With all due respect, this is a serious question so please do not answer with anything that sounds like or is related to whats listed below:
-Why would you/they even try that?
-Wouldn't you like to know.
-Where would they even get those items. (You'd be surprised.)

[retdetsgt]

You can buy stuff that says FBI and CIA in some stores. A friend of mine when to the command FBI academy and came back with a dozen FBI hats and gave them out. My understanding is that there is a gift shop at Langley, you can buy all sorts of clothing with the CIA logo on it. They are a little different from the ones the real SA's and officers use, but few people know that. If you had something on other than something with the logo and had something like FBI Special Agent, you might be in a little grease.

CIA Clothing: CIA T-Shirt, CIA Staff Langley T-Shirt, CIA Staff Arlington T-Shirt, CIA Weapons Instructor T-Shirt, CIA White Polo, CIA Black Polo, CIA Hat, CIA Special Activities Division Hat

The military specifically allows the wearing of the uniform for retirees at specified functions such as veterans parades and so forth. I wore my old Army field jacket for years after I was discharged until it finally wore out. There's a store here where you could at least used to buy Army surplus stuff, including uniforms. I say "used to" only because I haven't been in it and years and can't verify that now.

[CEDA]

Thank you for your answer retdetsgt, but I already know about the 'for civilian consumption' shirts.

Since most state laws make 'Peace officer' impersonation specifically (and is worded as such) illegal and I don't know about your state, would you arrest or at least stop a person if s/he is wearing a Patched Security officer or a TSA Screener jacket knowing the fact those occupations aren't sworn LEO's, but I would understand if you arrested some guy in an FBI or some other local law enforcement windbreaker or shirt.

[retdetsgt]

What kind of security officer are you talking about? If a civilian security officer is wearing an unauthorized uniform, that's between him and the company. A TSA screener isn't LE to my knowledge and I don't think can make arrests. That falls under the category of "who cares" to me.

I wouldn't arrest anyone in an official wind breaker or shirt unless he did something else to try to make me think he was with that agency. If he did, all I might do would be to perhaps detain him and contact the federal agency. He would be breaking a federal law and I can't enforce those.

As far a local stuff, it depends on what it is. We sell baseball caps to the public that are the same as what officers wear, that's not a huge deal. Our windbreakers have cloth badges on them so that's something else. I don't know that I would always arrest someone, but I would no doubt confiscate it. A lot would depend on the circumstances, attitude, etc. I would be as concerned about where they got it rather than the fact they were wearing it. If some guy is wearing it because he thinks it's cool would be different for me than someone who is trying to make people believe he's a cop. But I would take it no matter what.

It's sort of like badges. You can buy police badges on line that look pretty real. If someone pulled one out and showed it to me and said, "Look at the this cool badge I bought", that's not a problem. If he pulls it out and tries to make me think he's a cop, new ball game.

[L-1]

There are several issues to be considered with respect to California.

First you have to consider the totality of the circumstances surrounding the wearing of the item. Were the person's actions, dress and demeanor such that they reasonable appeared to be impersonating a peace officer? Someone who wears a police patch on what looks like a Michael Jackson like costume or clearly as a decorative item mixed in with a bunch of other decorative items is not likely to get popped for impersonation.

You also have to consider what the filing practice is of your local prosecutor. Most prosecutors offices are overwhelmed with prosecutions of major crimes. In order to get a filing for something as minor as unauthorized wearing of a patch or uniform item, you are going to have to convince the prosecutor that the person arrested was doing something more than simply walking down the street, minding their own business and doing nothing more than having an old police patch decoratively sewn on an old shirt. .

[Samuel]

Re: "for the purpose of", the short and incomplete version is IF you perform any of our duties/activities/responsibilities, if you gain some kind of benefit, if you exert some kind of authority, if you access LE only areas or information, etc.

IF you are wearing (in possession of) something "federally issued" (i.e. an Official item Not issued to YOU), you may also be facing some federal charges as well...

[Legoate]

Every police impersonation case I have worked is because I got a complaint about some idiot pretending to be a cop. I was working uniformed security in front of a club when the manager came up and said he just threw some drunk out who was now behind the club flashing a badge and pretending to be (MYAGENCY)PD.

I went back behind the club and lo and behold there he was in all his glory talking about how he and his police buddies would be causing them all sorts of grief when he didnt get in.

A bit later in handcuffs in the back of my patrol car he realized the error of his ways and remembered he wasn't really a cop at all.

More related to your original question: In my area we had a rash of home invasion dope robberies committed by Asian gangmembers wear what appeared to be police raid gear... so Yeah, walking around with a "police" shirt on in my area would get you stopped and identified.

[Samuel]

Google

18 USC 912 and 18 USC 701.

[kels]

Anything non generic (ie specific agency related) you and I are going to have a chat.
The last time I caught someone wearing a deputy coat from an agency 100 miles
away, the coat turned out to be stolen. Still had the LEOs name written inside.
The wearer hadnt stole it, but he and I had a nice long visit at the station and
I had a statement for the agency about who took it.
PS he didnt get the coat back either.

[retdetsgt]

Never caught anyone with clothing, but stopped a guy one night in a seedier part of town. He flipped out a Seattle PD badge when I approached the car. I asked for for his ID card and he immediately got nervous and started making lame excuses. I checked and found the badge had been stolen about 3 or 4 years before.

That's why I always asked for ID when someone badged me.....

[Joeyd6]

If its federal issued and you are not a federal employee of that agency, you are in posession of stolen federal property and thus could be arrested.

TSA jackets which you refernece several times are property of TSA--DHS--US Government. If you don't work for them, you can very easily get charged with them. I have personally arrested several folks with thinsg that were bought by the government which they did not own, including expired government license plates.