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Thread: Federal Statutes - Ownership of Badge

  1. #1
    Join Date
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    Federal Statutes - Ownership of Badge

    "Whoever . . . knowingly uses . . . in a manner reasonably calculated to convey the impression that . . . (the badge) is approved, endorsed, or authorized by or associated in any manner with the (Government) . . . shall be punished . . . by a fine under this title . . . or imprisonment for not more than one year, or both.".

    Source:
    http://uscode.house.gov/download/pls/18C33.txt

    If your badge does not contain any symbols giving the impression it is authorized by a government, then the key word is "impression". Your actions and the impression you convey will be judged. Therefore, we make the following suggestions -

    Recommendations:
    1. The custom badges sold at the PI Store contain the words "Private Investigator Case Examiner" and do not contain any law enforcement phrases or logos.

    2. The badge should not be worn around the neck or in any other visible manner reasonably calculated to convey the impression that the badge is approved, endorsed, or authorized by or associated in any manner with a government agency (local, state or federal law enforcement, etc). If you do choose to visibly wear the custom badge, it is recommended you take other steps in your behavior to insure the public does not have an impression you are a government agent.

    3. Use a custom leather wallet to contain your badge, along with an approved business card to use whenever you are questioned about the use of your badge.

    4. Never "flash" your badge. "Flashing a badge" is similar to what government agent do. As a private investigator case examiner, there is no reason to ever flash a badge.




    MORE FEDERAL LAWS
    February 2010

    1001. Statements or entries generally.
    1002. Possession of false papers to defraud United States.
    1003. Demands against the United States.
    1004. Certification of checks.
    1005. Bank entries, reports and transactions.
    1006. Federal credit institution entries, reports and transactions.
    1007. Federal Deposit Insurance Corporation transactions.
    [1008, 1009. Repealed.]
    1010. Department of Housing and Urban Development and Federal Housing Administration transactions.
    1011. Federal land bank mortgage transactions.
    1012. Department of Housing and Urban Development transactions.
    1013. Farm loan bonds and credit bank debentures.
    1014. Loan and credit applications generally; renewals and
    discounts; crop insurance.
    1015. Naturalization, citizenship or alien registry.
    1016. Acknowledgment of appearance or oath.
    1017. Government seals wrongfully used and instruments
    wrongfully sealed.
    1018. Official certificates or writings.
    1019. Certificates by consular officers.
    1020. Highway projects.
    1021. Title records.
    1022. Delivery of certificate, voucher, receipt for military
    or naval property.
    1023. Insufficient delivery of money or property for
    military or naval service.
    1024. Purchase or receipt of military, naval, or veteran's
    facilities property.
    1025. False pretenses on high seas and other waters.
    1026. Compromise, adjustment, or cancellation of farm
    indebtedness.
    1027. False statements and concealment of facts in relation
    to documents required by the Employee Retirement
    Income Security Act of 1974.
    1028. Fraud and related activity in connection with
    identification documents and information.(!1)
    1028A. Aggravated identity theft.
    1029. Fraud and related activity in connection with access
    devices.
    1030. Fraud and related activity in connection with
    computers.
    1031. Major fraud against the United States.
    1032. Concealment of assets from conservator, receiver, or
    liquidating agent of financial institution.
    1033. Crimes by or affecting persons engaged in the business
    of insurance whose activities affect interstate
    commerce.
    1034. Civil penalties and injunctions for violations of
    section 1033.
    1035. False statements relating to health care matters.
    1036. Entry by false pretenses to any real property, vessel,
    or aircraft of the United States or secure area of
    any airport or seaport.
    1037. Fraud and related activity in connection with
    electronic mail.
    1038. False information and hoaxes.
    1039. Fraud and related activity in connection with
    obtaining confidential phone records information of a
    covered entity.
    1040. Fraud in connection with major disaster or emergency
    benefits.

  2. #2
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    Re: Federal Statutes - Ownership of Badge

    Recently we have had a few members ask about approved business cards which should accompany any custom badge you carry.

    If you do not have approved business cards, then you are at risk relying on "conversation" rather than factual evidence to support your lawful use and ownership of the badge.

    To order approved business cards, use the CONTACT US link at the bottom of this page.
    Brad Foster
    IPIU Support

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  3. #3
    George Dakkak -'s Avatar
    George Dakkak - is offline Certified SPI
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    Re: Federal Statutes - Ownership of Badge

    it says private investigator on the badge i once wore it around my neck and the police did say it was illegal in any way wearing it on my neck .

  4. #4
    Ted Menard's Avatar
    Ted Menard is offline Private Investigator Forum Member
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    Re: Federal Statutes - Ownership of Badge

    Quote Originally Posted by George Dakkak View Post
    it says private investigator on the badge i once wore it around my neck and the police did say it was illegal in any way wearing it on my neck .
    Don't believe everything the LEO tell you ! Research it for yourself.

  5. #5
    Paul Abernathy is offline Lifetime Professional Management Member

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    Re: Federal Statutes - Ownership of Badge

    I guess it depends on the state and if they have any regulations against wearing a badge. I have both a belt badge (never wear) and a wallet badge which is always with me if I am on a case (legally stalking someone, relax as I'm joking) to help clear up any issues about who I am to the popo(cops). In my state (Virginia) the only rule is no VA Seals, No use of Officer of any kind unless you are a security officer. However, the risk is someone mistaking you as a cop....some folks shoot at cops, I am NO COP and never wanted to be. (Well, maybe when I was 5).

    I know that CALI is very strict so to be 100% sure of the laws why not put those investigative fingers to work and call your state licensing board and ask. I did that in Virginia, also let them review the badge and asked them point blank if they felt it was misleading. They replied and documented in an e-mail that they had no problem with it so at least it was documented...just a little CYA that never hurts.

    at the end of the day....every officer in every random jurisdiction could feel differently but getting the ok from the board that issues your license just may save your day in a local Barney Fife situation.

  6. #6
    Richard Moschetti Jr's Avatar
    Richard Moschetti Jr is offline *** Certified
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    Cool Re: Federal Statutes - Ownership of Badge

    Some Police Department and officers don't like Private Investigators for what ever reason. As a Sergeant in state Corrections, I showed my Law Enforcement credentials first to the Police than my Private Investigator I.D. and was professional and got nothing but respect 99% of the time. Now that I'm retired/disabled, I don't have to worry about it.

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