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Keith B wrote:

EEllis wrote:

olafpfj wrote:I've been thinking about the part where the guy asked "Are you a cop?".

The OP answered "No" which seems to be what emboldened him to get back up.

Are there any legal issues if the OP or anyone else in that situation had answered "Yes"?

Others may have a better insight than I do but my understanding is that calling yourself a cop is generally ignored unless you use that to try and do something or get away with something. Basically you can walk around with a hot or a shirt saying your police but it doesn't get you arrested till you actually do something. In a case like this it would be way down my list of concerns but I would answer anything the bad guys ask. They don't get to ask anything. It's them trying to find a way to regain some control and you don't want to allow that. I'm the guy pointing a gun at them and that's all they need to know.

It comes down to intent and issuing an order that would not be one that anyone can exercise. Basically, since the guy was already committing a felony, then all best are off on getting prosecuted for impersonating a public servant by issuing an order to stay on the ground.

If I am asked that question when trying to legally detain someone, my answer will be 'I am not with a local law enforcement agency. Now be quite and wait for the local authorities to arrive.'

§ 37.11. IMPERSONATING PUBLIC SERVANT. (a) A person
commits an offense if he:
(1) impersonates a public servant with intent to
induce another to submit to his pretended official authority or to
rely on his pretended official acts; or
(2) knowingly purports to exercise any function of a
public servant or of a public office, including that of a judge and
court, and the position or office through which he purports to
exercise a function of a public servant or public office has no
lawful existence under the constitution or laws of this state or of
the United States.
(b) An offense under this section is a felony of the third
degree.