The Friends in Let’s Be Cops Could Have Ended Up in Jail – Penal Code 538d PC
Have you ever wanted to pretend to be a cop in the middle of traffic just so you can use the siren to speed to your destination? That’s what happens to two friends in the movie “Let’s Be Cops”. The pair goes to a costume party dressed as police officers, and partygoers think they are actual cops. After getting special treatment and benefits, the duo decides to impersonate police officers.
What starts out as fun quickly turns sour when the two get tangled into the real world of crime, mobsters, and dirty cops. Although it may seem like a game to pretend to be a cop, impersonating a police officer is a criminal offense that carries serious penalties if you are convicted.
Impersonating a Peace Officer – Penal Code 538d PC
Under California Penal Code Section 538d, it is a crime for any person who has not been given the authority to be a peace officer to impersonate a peace officer. 1
Uniform and police badge vendors who sell law enforcement uniforms or insignia to individuals without properly verifying whether the purchasers are employed by a law enforcement agent can be charged with a crime under PC 538d. 2
Prosecution for PC 538d
In order to be convicted of the crime of impersonating a police officer under PC 538d, the prosecution must prove the following:
- You willfully wore, exhibited, or used the authorized uniform, insignia, emblem, device, label, certificate, card, or writing or a peace officer;
- You are not one who by law is give the authority of a peace officer; and
- You intended to fraudulently impersonate a peace officer or to fraudulently induce the belief that you are a peace officer. 3
Punishment for Impersonating a Peace Officer
The crime of impersonating a peace officer is a misdemeanor offense. If convicted of this crime, you face imprisonment in a county jail for up to one year, a fine up to $2,000, or both imprisonment and a fine. 4 Additionally, vendors of police uniforms may be fined up to $1,000 for selling uniforms to unauthorized individuals. 5
Defenses to PC 538d Charges
If you have been accused of impersonating a peace officer, your experienced criminal defense attorney can raise the following defenses that may lead to the criminal charges against you being dismissed:
Exception to PC 538d – PC 538d does not apply where a police uniform is used solely as a prop for a movie, television, video production, or a theatrical event. 6 Additionally, PC 538d does not apply if you have prior written permission from the identified law enforcement agency with which uniform you are using. 7
Lack of Intent – If you did not intend to fraudulently impersonate a peace officer or fraudulently induce the belief that you are a peace officer, you have a lawful defense to this criminal charge. Your experienced criminal defense attorney will bring forth this evidence to show that you did not intend to act fraudulently.
Call Wallin & Klarich Today
If you or a loved one has been charged with impersonating a police officer, it is critical that you speak to an experienced criminal defense attorney as soon as possible. At Wallin & Klarich, our attorneys have over 40 years of experience successfully defending persons charged with criminal offenses in Southern California. Our attorneys will fight to get you the best possible outcome in your case.
With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney near you no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.
1. [PC 538d(a)]↩
2. [Id.]↩
3. [Id.]↩
4. [PC 538d(b)]↩
5. [PC 538d(e)]↩
6. [PC 538d(e)(3)]↩
7. [Id.]↩
