Legal Question in Criminal Law in California

I worked in a civilian capacity for 12 years in a large law enforcement agency.

When I worked there we had a shield change to another type and I made a star and an ID that was what a sworn officer would carry as I had accessibility to dispersement.

The latter ID was made obsolete but the star stayed as current.

Most recently while going thru a child custody case after being divorced for approx. 5 years Ive been accused, of in the simplest of legal terms, of badging and/or ID'ing the local deputies from the sheriffs dept as well as other agencies members. My X's parents are both in law enforcement and Ive also had a felony stop done on me where a gun was searched for which I dont have one so nothing was found.

My Q is this....Ive benn told by family in law enforcement that just because you had an ID, badge or even if you were dressed in a cop uniform or even drove a vehicle that resembled a police vehicle unless you used "ANY" of those items to sustain any form of advantage, gain, deceivement, etc against the police, public than there was no crime.

There is no crime in representing yourself as an attorney, doctor, police, pilot, etc "UNLESS" you use the representation in order to misconstrue and illegally represent yourself for such.

Is there a crime committed if there was no gain???? Please let me know as court is Nov 30th!


Asked on 11/11/11, 3:51 pm

2 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

I do not have much knowledge in this field but no one else has answered your question. I think it is a crime to impersonate a law enforcement officer whether or not you gain anything. You have committed a fraud on the public by claiming to be something you are not. There is some type of gain because you would not have done it without some reason. How is looking like a cop not deceiving people? Would not the normal reaction be that you are intending to defraud someone by acting as though you are something you are not? Is not attempted murder a crime even though their is no "gain" or successful crime committed?

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Answered on 11/13/11, 12:03 am
Anthony Roach Law Office of Anthony A. Roach

"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,

card, or writing, of a peace officer, with the intent of fraudulently impersonating a peace officer, or of fraudulently inducing the belief that he or she is a peace officer, is guilty of a misdemeanor."

(Pen. Code, sect. 538d, subd. (a).)

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Answered on 11/14/11, 12:34 pm


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