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Can a federal employee be charged for impersonating a public officer?

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crisis2008

Junior Member
What is the name of your state (only U.S. law)?
Georgia

Hello,
I'm a German national working in US. My boyfriend who is a US citizen was arrested on 09-11-08 for impersonating a peace officer, a public officer or employee.
Affidavit states:
Mr. Smith held himself as a peace officer, public officer or public employee with intent to mislead another into believing that he was actually such officer. Accused presented himself as a Home Land security officer, showed a badge to Big Lots prevention officer. The accused also had a handgun.

Here is the story in short. My boyfriend is a federal employee working at the Center for Disease Control and Prevention (CDC) in Atlanta, Georgia. He's got a Governmental ID (a key badge) which doesn't look like a police badge. It's made of plastic, its blue, has a photo, name of the employee, and CDC logo on it. Two weeks before his arrest he was shopping at Big Lots wearing his ID on his neck as usual. However, he had his gun (legally purchased) on a plain site. The Big Lots employee (Mr.B) came up to him and started the conversation. He asked about the gun, where my BF works. He also asked who runs the CDC. My BF answer was Home Land Security not I am a Home Land Security officer. Then the conversation turned to a four-wheeler my boyfriend was going to sell. Mr. B seemed to be interested in purchasing. He asked for my boyfriend's phone. In two weeks Mr.B called and set a meeting about the vehicle at the parking lot near some fast food place. As soon as my boyfriend pulled over into the parking lot police officers surrounded him and arrested for impersonating I’m not sure whom. Mr. B filed a complaint.
As I understand a governmental or federal employee is a public employee/officer.
Don’t understand what this case is made of!
:eek:
 


CdwJava

Senior Member
The term "public officer" has specific definitions applied to it. Merely being an employee does not make one a "public officer". Plus, it really depends on what the statute in question defines as a "public officer."

For instance, in my state a police records clerk may be an employee of the police department, but they are not a "public officer" for enforcement activity (such as writing cites).

- Carl
 

FlyingRon

Senior Member
Can't vouch for GA but most places invoke the "impersonating" charge when people attempt to use the illusion that they are an official to get people to do things they wouldn't do for a private citizen. However the statute in Georgia doesn't specifically require that. It's a felony and a serious charge. There seems to be much missing from the story. Your friend needs a lawyer.

A CDC employee is not a "Homeland Security Officer".
CDC does not report to Homeland Security. It is part of HHS.
 

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