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Member |
I think 1.07 applies to federal employees as well. Defendant is stopped for DWI. He shows a badge and claims he is with Secret Service. He isn't. Does he fall under 37.11 impersonating public servant? I think 1.07 stating "an officer, employee, or agent of government;" clearly covers this guy. Any ideas? | ||
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Member |
Look at the definition of government in 1.07 | |||
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Member |
How on earth do you find out if someone is in the secret service or not? | |||
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Member |
In this case the arresting agency contacted a secret service agent (because they need to investigate these type of occurrences in case someone has ill will towards one of the Secret Service protectees). They determined the badge was one of the special inaugural comemoratives and no longer in use, but they also could not determine who he got it from. Terry, thanks. Boy, do I feel dumb. Who woulda thought Government would be defined? Looks like a no. | |||
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Member |
What about a violation of federal law? | |||
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Member |
I was thinking 37.12, false id as a peace officer, but secret service agents aren't peace officers in 2.12. Isn't this a federal offense of some sort? Refer it to the local US attorney. Oops, Janette beat me to it. | |||
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Member |
Yes, it would be a federal offense. But they chose not to prosecute. I guess because he wasn't threatening anyone with the badge, just trying to beat a dwi. | |||
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