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Author Topic: NYPD Auxiliary Officer Arrested for Impersonating a Police Officer  (Read 24798 times)
Майор Хаткевич
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« on: September 18, 2013, 08:29:40 PM »

http://nypost.com/2013/09/17/life-imitates-art-trio-busted-posing-as-cops-to-get-gtav-sooner/

We're not the only ones with bad apples, but I've never actually heard legitimate sources who knew of people in CAP uniform doing anything this stupid.
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Eclipse
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« Reply #1 on: September 18, 2013, 08:55:35 PM »

Actually, from the article, the only thing they actually did was run stop signs.

They are "with the NYPD", at least the one kid is, and driving an old PD car might make you a whacker, but probably isn't illegal.

(Let's not make this a CAP 1-up thread).
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Майор Хаткевич
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« Reply #2 on: September 18, 2013, 08:58:00 PM »

Actually, from the article, the only thing they actually did was run stop signs.

They are "with the NYPD", at least the one kid is, and driving an old PD car might make you a whacker, but probably isn't illegal.

(Let's not make this a CAP 1-up thread).

Right, but I'm guessing he's not allowed to say he's "NYPD", just as we can't say "I'm with the Air Force". It jumped out at me because we've discussed their Auxiliary a few times, but none of the topics are open/appropriate for this (certainly not the last one).

That said, I'm not sure how he went from "missing a few lights" to the whole story coming out on impersonation.
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SARDOC
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« Reply #3 on: September 18, 2013, 09:53:23 PM »

There is a new culture in that Department.  It used to be that a New York City Police Officer would have a Duplicate of their Shield, (Not Badge) known as a "Dupe" made so that they could carry it off duty without the fear of losing their issued shield which is specially engraved on the back side to indicate it's authenticity.

Actual Off Duty NYPD officers who have encounters with on duty NYPD officer who are caught carrying a Dupe are being arrested for impersonating a Law Enforcement Officer. 

The NYPD auxiliary members are certified in New York as unarmed Part-time Peace Officers and are able to effect an arrest if necessary.  This kid abused that authority...but if he displayed his auxiliary badge he didn't impersonate an officer because he actually is one.  His conduct on the other hand is worthy of him being dismissed from the agency and reported to internal affairs.
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Critical AOA
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« Reply #4 on: September 18, 2013, 10:26:33 PM »

I’m sure that I will catch some heat for this but he is only 19 and in my opinion, that is too young to be a cop.  At that age, you lack the maturity and real life experiences, knowledge, skills and judgment to deal with situations and issues that cops must deal with.   The cockiness alone in kids that age is a recipe for disaster.
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« Reply #5 on: September 18, 2013, 11:12:11 PM »



Actual Off Duty NYPD officers who have encounters with on duty NYPD officer who are caught carrying a Dupe are being arrested for impersonating a Law Enforcement Officer. 



Cite please. The shield (or badge) you display doesn't make you an officer.  There are some federal agencies that have sworn Task Force officers that are never issued a shield.  Being properly sworn in and having your name registered with NYS DJCS makes you a police officer (or peace officer) in New York. Displaying a dupe isn't illegal (but it very well may be against department policy).  My office has a policy against obtaining a dupe.  At least some people here in NY still carry a dupe, even though it's against department policy, but it certainly isn't illegal.
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Slim
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« Reply #6 on: September 19, 2013, 03:29:36 AM »

I don't know of many places that don't issue officers a wallet badge or shield, or not allow officers to purchase one with their own funds.

Simply having a badge in your wallet isn't sufficient in my experience.  Every time I've ever identified myself as an off duty firefighter to a cop, they didn't really care about the badge, they wanted to see my department ID.  Anyone can get their hands on a badge through several sources, but-at least in my area-it's worthless without the ID card.

Also, FWIW, there are a few places around me will hire regular police officers (and firefighters) at 18.
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Slim
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« Reply #7 on: September 19, 2013, 03:47:17 AM »

I was a member of the NYC Police Department before I went federal.  I've never heard of a real officer being arrested for carrying a duplicate shield.  It would not be questioned as long as he/she had her department ID. 

A badge alone never suffices.  The ID is what proves that he/she is on the job. 

There is no inscription on the back of the NYPD shield.  My federal badges have had inscribed on the back, "must be accompanied by proper credentials."
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Private Investigator
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« Reply #8 on: September 19, 2013, 12:46:13 PM »

"Badges? We don't need no stinkin' badges!" You know I had to bring it.

A Russian once told me he was a KGB Major of the Auxiliary. I let him slide on drinking vodka in a public park afterhours.  8)
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SARDOC
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« Reply #9 on: September 19, 2013, 01:00:41 PM »



Actual Off Duty NYPD officers who have encounters with on duty NYPD officer who are caught carrying a Dupe are being arrested for impersonating a Law Enforcement Officer. 



Cite please. The shield (or badge) you display doesn't make you an officer.  There are some federal agencies that have sworn Task Force officers that are never issued a shield.  Being properly sworn in and having your name registered with NYS DJCS makes you a police officer (or peace officer) in New York. Displaying a dupe isn't illegal (but it very well may be against department policy).  My office has a policy against obtaining a dupe.  At least some people here in NY still carry a dupe, even though it's against department policy, but it certainly isn't illegal.

I don't have a Cite indicating an actual arrest, this was just told to me about two months ago by a family member who just retired as an NYPD Detective to indicate how happy he is to retire because of the culture shift in the department, he shared this as his example.

It is however, illegal under federal law to sell or purchase a fake badge.

http://www.nytimes.com/2009/12/01/nyregion/01badge.html?pagewanted=all&_r=0
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stillamarine
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« Reply #10 on: September 19, 2013, 07:04:09 PM »

We are only issued one badge. I know of a few guys that have dupes made with their employee numbers which are different from your badge number. Our badge numbers are done by seniority and change regularly. One of the guys with a dupe is actually retired NYPD.
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« Reply #11 on: September 19, 2013, 07:14:05 PM »

In CA I was issued 2 badges.  One badge for my uniform and one that was flat and came with a wallet so you could carry your ID and Badge with you at all times if you wanted too.   
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Mitchell 1969
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« Reply #12 on: September 19, 2013, 08:57:12 PM »



Actual Off Duty NYPD officers who have encounters with on duty NYPD officer who are caught carrying a Dupe are being arrested for impersonating a Law Enforcement Officer. 



Cite please. The shield (or badge) you display doesn't make you an officer.  There are some federal agencies that have sworn Task Force officers that are never issued a shield.  Being properly sworn in and having your name registered with NYS DJCS makes you a police officer (or peace officer) in New York. Displaying a dupe isn't illegal (but it very well may be against department policy).  My office has a policy against obtaining a dupe.  At least some people here in NY still carry a dupe, even though it's against department policy, but it certainly isn't illegal.

I don't have a Cite indicating an actual arrest, this was just told to me about two months ago by a family member who just retired as an NYPD Detective to indicate how happy he is to retire because of the culture shift in the department, he shared this as his example.

It is however, illegal under federal law to sell or purchase a fake badge.

http://www.nytimes.com/2009/12/01/nyregion/01badge.html?pagewanted=all&_r=0

Maybe not. From 18 USC 716:

(b) It is a defense to a prosecution under this section that the insignia or uniform is other than a counterfeit insignia or uniform and is not used to mislead or deceive, or is used or is intended to be used exclusively—
(1) as a memento, or in a collection or exhibit;
(2) for decorative purposes;
(3) for a dramatic presentation, such as a theatrical, film, or television production; or
(4) for any other recreational purpose.
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Flying Pig
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« Reply #13 on: September 20, 2013, 03:01:30 PM »

You guys are aware that NYPD Aux Officers are not cops right?  They are not armed and have no LE authority.  They are uniformed volunteers.  SO in the case of this incident.... this guy getting arrested is completely legit.  Whipping out your badge to gain favor in a a situation would definitley fall under the umbrella of being illegal.  Now, once it gets to court, perhaps it will get tossed, but at the very least.... dude needs tossed out on his ear.
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Eclipse
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« Reply #14 on: September 20, 2013, 03:09:54 PM »

You guys are aware that NYPD Aux Officers are not cops right?  They are not armed and have no LE authority.  They are uniformed volunteers.  SO in the case of this incident.... this guy getting arrested is completely legit.

Not quite, at least according to Wikipedia they are certified "Part-Time Peace Officers without Firearms Training" and can:
http://en.wikipedia.org/wiki/New_York_City_Police_Department_Auxiliary_Police#Training_and_Authority
Auxiliary Police officers may carry and use straight wood batons under the authority of NYS Penal Law 265.20 b.
Auxiliary Police officers may carry and use handcuff restraints both on and off duty in accordance with NYC Administrative Code 10-147
Auxiliary Police officers may physically detain violators of Misdemeanors and Felonies under the State of New York Civil Defense Act Article # 8 Section # 105
Auxiliary Police officers injured while on duty are provided Workers Compensation under NYC Administrative Code Section 14-147 of chapter 1 of title 14
Auxiliary Police officers receive an annual uniform allowance in accordance with the NYC Administrative Code Section 14-148
Auxiliary Police officers can use physical and deadly force to make an arrest, or when a person uses physical or deadly force against an officer or a third person in accordance with the NYPD Auxiliary training manual.


But again, I'd have to ask, beyond the traffic violations, what they are being arrested "for".  If all they said was "I'm with the NYPD.", well...they are, and moreso then if a CAP members were to
say "I'm with the Air Force.".

It doesn't allege they stole the game, and if the shop owner chose to allow them in line first, I don't see a crime there.

Some sort of abuse of authority allegation, maybe?  Obviously the NYPD doesn't want it's Aux acting like goobers any more then the USAF does, and as mentioned, these guys are likely
done in that regard, but I don't see where there's going to be much to charge them with, unless the laws regarding Aux behavior have some sort of teeth in them, other then dismissal.
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a2capt
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« Reply #15 on: September 20, 2013, 03:50:00 PM »

According to Wikipedia ..  has a strong probability of being couple steps up from "I heard..", when "editors" write stuff, and don't cite the source.
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Flying Pig
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« Reply #16 on: September 20, 2013, 03:55:38 PM »

The NYPD Aux site specifically states that they are volunteers who do not take LE action.  Only observe and report.  Sounds like they have the same basic authority as a security guard.
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Eclipse
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« Reply #17 on: September 20, 2013, 04:03:42 PM »

According to Wikipedia ..  has a strong probability of being couple steps up from "I heard..", when "editors" write stuff, and don't cite the source.

This does quote the specific law(s) - like the KB, it's a good quick ref, but never the final authority.
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JayT
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« Reply #18 on: September 20, 2013, 04:09:59 PM »

The NYPD Aux site specifically states that they are volunteers who do not take LE action.  Only observe and report.  Sounds like they have the same basic authority as a security guard.

They primarily do stuff like crowd control at large events, and some patrol work.

This kid is not the first Auxiliary Officer to get collared for impersonating, nor will he be the last.
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Eclipse
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« Reply #19 on: September 20, 2013, 04:12:08 PM »

We've got a suburb here that has more sworn part-time officers then full timers.  One of my friends did it for a few years.
Crowd control, traffic duty, the occasional night patrol as man 2 in car, etc.

They are armed and have full authority as LEOs, but are pretty much told that if they ever draw their weapon they are done.
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