TexasCHLforum.com

I would like to hear the opinions of some of the educated on this subject, since I know this guy broke SEVERAL laws here.

So I was working at an office today, and a man called in looking for an employee. He stated he was an Inspector the first time around. Several minutes later, he walked into the waiting area and was greeted by the receptionist. He was seen wearing a pair of jeans, a Mustang (car) shirt, a pistol O.C. at three o'clock, and an unidentified badge. He introduced himself as Investigator this time around, but the receptionist recognized his voice right away. Unfortunately for us, she never asked for his credentials or to view his badge. He came in demanding to see an employee's manager, and a minute later, rapped on the window, and told the receptionist nevermind, and left. We came to find out he was a car Repo man.

First off, correct me if I'm wrong, he falsely represented himself as a LEO. Which brings about the legality of his O.C. And I have the entire thing on survelliance, pulled the tapes, and have video and a picture of the guy entering, talking with the receptionist, and leaving.

Thoughts?

Are there any laws which could potentially allow him to OC if he had some other credential, e.g., bounty hunter or certified security guard?

Repo man/off duty cop?

PvilleStang wrote:I would like to hear the opinions of some of the educated on this subject, since I know this guy broke SEVERAL laws here.

If you know he broke several laws, what difference do our opinions make?

Ok, let me rephrase: pretty sure he broke several laws, just not certain on specifics.

I'm no lawyer and not entirely sure on the proper legal wording of what I'm trying to write (much less have I spent the time scouring the penal codes), but I think this could also be seen as some attempt at illegal intimidation ... using the presence of the gun to muscle his way into repo-ing the car?

Regardless, I'd say unless he has a very good explanation he likely broke a law somewhere. I'd file a police report. You have it on video. Let them sort it out.

Call the police and turn the video over to them. The law on impersonating a public servant (it does not have to be a police officer) is very specific and, from your description, it sounds like he broke it. If it turns out he was an off-duty cop working a second job, the local police can turn it over to his department for internal rules violations if there were any (and I would be willing to bet there are).

Claiming to be an investigator and wearing a badge and open gun would make me think he was claiming to be a cop without ever his saying so specifically. By demanding to see the manager under this pretended authority, he has violated Penal Code section 37.11 (http://www.statutes.legis.state.tx.us/D ... .htm#37.11" onclick="window.open(this.href);return false;) in my opinion. Let the police investigate it and see if they agree.

Sec. 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.


Sec. 37.12. FALSE IDENTIFICATION AS PEACE OFFICER; MISREPRESENTATION OF PROPERTY. (a) A person commits an offense if:
(1) the person makes, provides to another person, or possesses a card, document, badge, insignia, shoulder emblem, or other item bearing an insignia of a law enforcement agency that identifies a person as a peace officer or a reserve law enforcement officer; and
(2) the person who makes, provides, or possesses the item bearing the insignia knows that the person so identified by the item is not commissioned as a peace officer or reserve law enforcement officer as indicated on the item.
(b) It is a defense to prosecution under this section that:
(1) the card, document, badge, insignia, shoulder emblem, or other item bearing an insignia of a law enforcement agency clearly identifies the person as an honorary or junior peace officer or reserve law enforcement officer, or as a member of a junior posse;
(2) the person identified as a peace officer or reserve law enforcement officer by the item bearing the insignia was commissioned in that capacity when the item was made; or
(3) the item was used or intended for use exclusively for decorative purposes or in an artistic or dramatic presentation.
(c) In this section, "reserve law enforcement officer" has the same meaning as is given that term in Section 1701.001, Occupations Code.
(d) A person commits an offense if the person intentionally or knowingly misrepresents an object as property belonging to a law enforcement agency.
(e) An offense under this section is a Class B misdemeanor.

Not that I'm defending the guy, but what did he do to violate 37.11 (or 37.12) that's different from uniformed security guards?

Caveat: I wasn't there and I haven't seen the tape (but I think that's true for all of, OP excepted.)

How did you find out he's a repo man?

I seem to doubt this info - even if from the actor.

What if he was a Deputy Constable serving a writ of sequestration? Many don't wear uniforms while serving them since it will scare many people who are expecting a repo away.

In Texas Deputy Constable's Offices repo cars all the time.

If he is legit than there is no problem. I would submit the tape just in case he is not.

Aren't there also Federal laws about debt collectors contacting folks' workplaces? I'm not sure whether they'd come into play here, but if they did wouldn't the combination of (firearm) + (breaking any law) make matters a whole lot more serious?

Call the law, let them sort it out.

PvilleStang wrote:He introduced himself as Investigator this time around

Perhaps a licensed private investigator?

http://www.tali.org/licensing_requirements.htm