Is this acceptable in the eyes of the law. The officer drops his partners badge on a desk and starts to read the suspect his Miranda rights. When the suspect stops the officer in protest and request the officers badge number. His partner storms in the room yelling "give me my badge", give me my badge.
What is the crime if any committed by this officer?
2007-12-28 06:25:31 · 20 answers · asked by John 5 in Politics & Government ➔ Law Enforcement & Police
Doubt this would ever happen, except on TV. I've never seen an officer "drop" his or anyone else's badge on a desk when advising a suspect on their rights. Also it is not neccesary to advise anyone of Miranda in order to arrest them.
Technically I don't need a "badge" to make an arrest. A badge is pretty much just a symbol of our authority. That said if someone wasn't a police officer and attempt to "arrest" someone using a fake or stolen badge, I'd be opening up the CRS to make sure I didn't miss a felony charge.
No crime committed...but if it did happen the officer was a jackass.
2007-12-28 13:00:29 · answer #1 · answered by lpdhcdh 6 · 1⤊ 0⤋
In your question you ask about an arrest but your example seems to occur sometime later in the process but for the fact he's reading the Miranda rights.
Regardless, the suspect asks for the policeman's badge number? So? I'm sure the officer will provide it. Did the suspect assume that the badge on the desk belonged to the officer in front of him? So what if he did?
A police officer can make an arrest while off-duty. A badge is not a requirement for an arrest to be made.
There isn't any issue here at all and certainly no crime committed by the officer.
2007-12-28 06:31:49 · answer #2 · answered by Judge and Jury 4 · 1⤊ 2⤋
What a ridiculous and entirely ludicrous concept. Why would anyone "drop his partner's badge on the desk" before reading a suspect their rights? How lame. And why would the partner "storm in and demand his badge back"? The report written by the Officer/s will have their names, ID numbers and any other info needed to identify them.
And why, in the middle of being read their Miranda Advisement, would someone demand a badge number?
2007-12-28 06:49:33 · answer #3 · answered by Rottluver 4 · 2⤊ 1⤋
Nope. it may be against the the department policy, but no crime is committed, as no showing of a badge is needed to conduct an arrest. I do not see this scenario ever actually taking place.
2007-12-28 07:01:05 · answer #4 · answered by Kevy 7 · 1⤊ 1⤋
The badge is just a symbol. The officers arrest power resides in his position. You have already admitted he is an officer of the law, so yes it is legal.
2007-12-28 06:29:10 · answer #5 · answered by Anonymous · 5⤊ 1⤋
BEING AN OFFICER. MOST OF OUR BADGES DO NOT HAVE A NUMBER NOW A DAYS.
INTERCHANGEABLE.
IN THE OLD DAYS WE HAD NUMBERS AND WHEN CHANGING UNIFORMS WOULD GET THE BADGES CROSSED AND WEAR ANOTHERS NUMBER? STILL AN OFFICER. IT IS NOT THE BADGE IT IS THE CLASS YOU GRADUATED UNDER THAT MADE YOU THE OFFICER UNDER THE STANDARDS TRAINING ACT.
2007-12-28 06:44:40 · answer #6 · answered by ahsoasho2u2 7 · 2⤊ 1⤋
since the person using the badge is a police officer, he is not mispresenting himself. Therefore, there would be no violation of the law. Many departments have badges that are all the same, so it wouldn't matter whose badge he had, it would have no number to distinguish it from any other badge.
2007-12-28 07:31:08 · answer #7 · answered by Robert H 3 · 1⤊ 2⤋
Badge has nothing to do with it... Officers can prove they are Officers later.
Now, can an Officer write you a speeding ticket in a non unmarked police car? Nope. They can call it in... but they can not pull you over and write a ticket.
Anyone think different? Why can an off duty police officer stop a bank robbery without showing any badge?
Thanks right...
2007-12-28 06:32:25 · answer #8 · answered by John G 3 · 0⤊ 2⤋
Badges.... what Badges... We don't need no stinkin Badges....
The badge is only a representation of what the officer stands for....
No crime committed, except by the suspect.
2007-12-28 07:19:22 · answer #9 · answered by Anonymous · 2⤊ 2⤋
Using anothers' badge is the same as impersonating them...illegal. However, no one needs a badge to make an arrest.
2007-12-28 06:29:17 · answer #10 · answered by Anonymous · 1⤊ 4⤋