Security training Austin, Impersonation of a Peace officer
A look at TPC 37.11: Impersonation of a Peace officer.
As the security industry continues to boom along with the fact more money is being thrown into it, guard companies are able to afford new high-tech vehicles which closely resemble law enforcement vehicles. Although there is nothing wrong with purchasing ex-cop cars (or similar), the problem is that many times these vehicles are equipped by the guard companies and/or guards with emergency equipment such as: Red and Blue flashing lights, sirens, air horns, stealth graphics; all done many say, to fool or confuse the public and often lines are crossed into committing the crime of “Impersonation of a Public Servant”, which is a Felony here in the state of Texas.
Every week there seems to be some report of some security guard being accused or even arrested for impersonating a police officer in the state. This is a very hot topic and sore spot with all law enforcement officers and some guard companies. Law makers are becoming involved and looking at introducing some bills to address this as they feel, the Private security industry is not properly policing themselves, or their organizations (keeping in mind the guard companies are the ones allowing and providing the equipment to their guards).
The root of the issue is lack of training and education
I wanted to address all points of concern as there seems to be some major confusion on what is a very clear law that pertains to this. Part of the reason to this confusion I feel is again, the lack of sufficient training and education which was made worse by the state when they allowed guard companies themselves to administer, test, and grade themselves on the state security guard Level-2 non-commission course and state exam.
Stated position of DPS as found on their website:
DPS lists this topic (flashing Red/Blue lights) on their security board site as a FAQ or issue, and their response is to site a section of the Texas Vehicle Code as it pertains to prohibited equipment and or use, which is true on public roads and highways.
Argument from the security companies:
The security companies and their guards acknowledge what DPS has posted on their site, however they all point out that it is a “Texas Vehicle Code” violation, and as such the vehicle code (99%) does not apply to anyone on private property (which is true). Therefore they feel they can drive around with flashing red and blue lights, use sirens, and even conduct traffic stops as long as they stay on their property, which is where the lack of education comes in.
Everyone is looking at the wrong law, it is not a vehicle code issue; this is a Penal code section that many could be in violation of.
Shared point by many law enforcement officers:
Keep in mind this is not some rant, guards are being arrested in cities all over Texas as Law enforcement and the public are getting a little tired of it and the guard companies don’t seem to be making any changes or passing the information on . Again they laugh at the vehicle code violation, but when law enforcement advises them they are under arrest for TPC 37.11 (a Felony), they stop laughing. Law enforcement has a major legitimate point which is they have “earned” the right to have that equipment and are highly trained to handle the responsibilities and liabilities that comes with it. The public should not be confused as to who is pulling them over with red/blue lights at any time (private property or public roadway). The last thing anyone wants is to have the public start to doubt, hesitate, or not trust law enforcement because of a prior bad experience with some security guard and his red/ blue lights conducting a traffic stop.
Texas State Law Penal Code 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.
A clear brake down of that law from TCTA :
First let us point out that this code does not require you to say “I’m a peace officer” to be charged with this crime. It also does not require you to be in a police uniform, have a police badge, or have “Police” on your car to be charged with this. This law is very wide and leaves lots of room to find you in violation of it. Don’t worry about the vehicle code; you need to worry about this law as it is a crime, and a Felony at that. It is any function normally done by a public servant with the intent to induce another to submit to your pretended authority of a peace officer- a traffic stop is a prime example of this, so be very careful if this is you even on private property it won’t matter. You are NOT protected from a “crime” because you’re on “private property”, vehicle code yes, but not a Penal code violation. Also note some will argue if you are mixing red with blue in the same area of your vehicle or if the lights are forward or rear facing lol. Again this is not a Vehicle Code issue, it is a Penal Code issue and all that does not matter with TPC 37.11
- Intent: can be shown when you or your company bought and installed those red&blue lights coupled with the fact you turned them on (activated them). You’re using the colors you know law enforcement uses everyday in this state, when other colors (such as yellow and white) are avalible.
- Induce: you want them (citizens) to pull over (or yield) to you and your vehicle which you know the average citizen after seeing those red and blue lights flashing will pull over as they believe you are some type of emergency vehicle.
- Pretended authority: Key point here is how the driver (victim/complainant ) felt and what they believed you were at the time. You have to ask yourself what type of agency drives around with red/blue lights, a siren and makes traffic stops? Only law enforcement does, so it is safe to say out of 100 people, all 100 will agree they thought you were the cops pulling them over, and that’s all it takes.
Keep in mind the traffic stop is your action to get them to submit (stop/yield & pull over), your also delaying/detaining them with your traffic stop which is another issue.
Let’s be clear that yes, you can drive around with flashing lights on private property as a “high visibility patrol technique.” And you can have consensual conversations with people and ask them questions and advise them to slow down if observed to be speeding on your property (although that is only a private property rule-not a law). But we are talking about actually pulling over vehicles, making traffic stops, running radar and chasing people down on your property, blocking people in and delaying them, detaining them, with the use of your patrol car and that equipment.
Some guard companies will argue that because they post warning signs on their client’s property, they are clear-WRONG! No sign or even a contract can allow you to break any state law (period).
Texas Law Penal Code Sec. 20.02. UNLAWFUL RESTRAINT:
1) ”Restrain” means to restrict a person’s movements without consent, so as to interfere substantially with the person’s liberty, by moving the person from one place to another or by confining the person. Restraint is “without consent” if it is accomplished by: (A) force, intimidation, or deception. (4) ”Person” means an individual, corporation, or association.
(a) A person commits an offense if he intentionally or knowingly restrains another person.
(c) An offense under this section is a Class A misdemeanor.
So, by pulling someone over or blocking them in and/or conducting a traffic stop aren’t you restricting a person’s liberty of free movement? Yes you are, and this is also a Penal code violation (crime) not a vehicle code issue, so you can be arrested for this as well.
Additional points:
Law enforcement has another legitimate point, which is if they are driving by your property and they see red and blue lights flashing, they will assume there is a police unit either from their department or an outside agency inside your complex either making a traffic stop or maybe in need of assistance. Thinking that, many law enforcement officers will roll over there to see and possibly back up another unit, but then to their surprise you are just security. This wastes their time, is distracting and is upsetting to them.
We realize that the “cop look” works with the clients and is a great deterrent with criminals. The cars and light bars look great and are a very valuable tool for what we do out there. My suggestion to ensure there is no confusion, we don’t mislead the public, we remain free of any allegations of impersonation and we don’t rub law enforcement the wrong way, is just stick to amber (yellow) and white lights. Remember it is not the color of the lights you have on your security car that gains you the respect or the compliance you seek, it is the officers you have working for you and their training. Some feel they can’t keep criminals off their property, or nobody will listen to them unless they scare everyone with blue/red lights; I say you have to get out of your car sometime right? And that’s when everyone knows your just security, so just be security and be proud and professional at it. I can do the same job you can and better with a golf cart and uniform that says “guard” anytime and anywhere; it is who you are and your experience, not the equipment you hide behind to do your enforcement. Do I like the cop cars and light bars on them? Yes, but you know there are many companies way over the line on this and it needs to change and now!
My suggestion to DPS and the Private Security Board, is that instead of pointing companies in the direction of the Texas Vehicle Code (which they are laughing at), add an Administration rule which will back door this, and fast (to prohibit the use of Red/Blue lights on all security vehicles to include employees). As you know it will be a lot harder to change a Texas Penal Code, Vehicle Code, or Occupations Code, but you can speed this through and add this to the Private Security Administration’s rules which will pass without delay and won’t have to go before the State Capital or House for approval. By doing this everyone that is licensed by the Private Security Board, will have to comply which will also cover private property and public property. Vehicle signage is being addressed on some levels right now however; the big issue is the Red/Blue lights, the traffic stops, and the impersonation violations of the law.
Keeping you informed, and out of trouble-TCTA
