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Posted: 4/30/2006 5:46:08 PM EDT
Say a few guys in a black Ford Explorer or Bronco whom are wearing baseball caps and wind breakers with "INS" embroidered on them, dark sun glasses, fake (rubber) sidearms, joke store tin badge, ID card around their necks (you get the idea ), rolled up on a worksite that employs illegal aliens (or day labor gathering point).

There is no verbal or physical interaction involved...
no one (verbally), falsely claims to be an INS agent or police officer, nor does anyone seek to detain or question anyone. Just a few guys in costume scaring the ever loving shit out of bunch of border jumpers.

Would this be legal?
Link Posted: 4/30/2006 5:48:07 PM EDT
[#1]
Post Pics either way!
Link Posted: 4/30/2006 5:49:32 PM EDT
[#2]
Probably not be legal.  Ask a lawyer.
Link Posted: 4/30/2006 6:05:14 PM EDT
[#3]
Real cops pretend to be human, so why not have joe blow pretend to be an INS agent?
Link Posted: 4/30/2006 7:03:39 PM EDT
[#4]

found this first.  In the CA Penal Code no less -

532b.  (a) Any person who falsely represents himself or herself as a
veteran or ex-serviceman of any war in which the United States was
engaged, in connection with the soliciting of aid or the sale or
attempted sale of any property, is guilty of a misdemeanor.
  (b) Any person who falsely claims, or presents himself or herself,
to be a veteran or member of the Armed Forces of the United States,
with the intent to defraud, is guilty of a misdemeanor.
  (c) This section does not apply to face-to-face solicitations
involving less than ten dollars ($10).

Is the INS/ICE a secret society?getting closer

538b.  Any person who wilfully wears the badge, lapel button,
rosette, or any part of the garb, robe, habit, or any other
recognized and established insignia or apparel of any secret society,
or fraternal or religious order or organization, or of any sect,
church or religious denomination, or uses the same to obtain aid or
assistance within this State, with intent to deceive, unless entitled
to wear and use the same under the constitution, by-laws or rules
and regulations, or other laws or enactments of such society, order,
organization, sect, church or religious denomination is guilty of a
misdemeanor.

AH HAAA here it is

538d.  (a) Any person other than one who by law is given the
authority of a peace officer, who willfully wears, exhibits, or uses
the authorized uniform, insignia, emblem, device, label, certificate,
card, or writing, of a peace officer, with the intent of
fraudulently impersonating a peace officer, or of fraudulently
inducing the belief that he or she is a peace officer,
I dunno if you could successfully argue this part is guilty of a
misdemeanor.
  (b) (1) Any person, other than the one who by law is given the
authority of a peace officer, who willfully wears, exhibits, or uses
the badge of a peace officer with the intent of fraudulently
impersonating a peace officer, or of fraudulently inducing the belief
that he or she is a peace officer, is guilty of a misdemeanor
punishable by imprisonment in a county jail not to exceed one year,
by a fine not to exceed two thousand dollars ($2,000), or by both
that imprisonment and fine.
  (2) Any person who willfully wears or uses any badge that falsely
purports to be authorized for the use of one who by law is given the
authority of a peace officer, or which so resembles the authorized
badge of a peace officer as would deceive any ordinary reasonable
person into believing that it is authorized for the use of one who by
law is given the authority of a peace officer, for the purpose of
fraudulently impersonating a peace officer, or of fraudulently
inducing the belief that he or she is a peace officer, is guilty of a
misdemeanor punishable by imprisonment in a county jail not to
exceed one year, by a fine not to exceed two thousand dollars
($2,000), or by both that imprisonment and fine.
  (c) Any person who willfully wears, exhibits, or uses, or who
willfully makes, sells, loans, gives, or transfers to another, any
badge, insignia, emblem, device, or any label, certificate, card, or
writing, which falsely purports to be authorized for the use of one
who by law is given the authority of a peace officer, or which so
resembles the authorized badge, insignia, emblem, device, label,
certificate, card, or writing of a peace officer as would deceive an
ordinary reasonable person into believing that it is authorized for
the use of one who by law is given the authority of a peace officer,
is guilty of a misdemeanor, except that any person who makes or sells
any badge under the circumstances described in this subdivision is
subject to a fine not to exceed fifteen thousand dollars ($15,000).

If you weren't defrauding them of money, goods or services,  maybe could get away with it because it wouldn't necesarily be worth the time or effort to prosecute, but if anybody legal or illegal got hurt, all bets are off.




Link Posted: 4/30/2006 7:40:27 PM EDT
[#5]
First off: You might be able to go the whole "INS" route legally; especially if there is an exemption/defense built into the statute(s) regarding impersonating of officers/agents from defunct or invalid offices/agencies.  To wit, the enforcement functions of INS have now been passed along to ICE (Immigrations & Customs Enforcement).

Second: If you decide to go the "ICE" route instead of the "INS" route, maybe you can get away with making the initials slightly different:

ICE: Immigrations & Customs Enforcement

becomes one of the following:

IGE
JCE
LCE
JGE
LGE

Is it *your* fault if a bunch of day laborers mistake those letters for those of a federal agency?


ETA: If you go the latter route, play with the font a bit.  There are some fonts where the "J" and/or "L" look substantially like an "I" and some where "G" and/or "Q" look substantially like a "C".
Link Posted: 4/30/2006 7:42:45 PM EDT
[#6]
Shooting a dog might qualify, but I'm no lawyer.
Link Posted: 4/30/2006 7:43:05 PM EDT
[#7]
Also....... aren't you from Cali (maybe I'm misremembering this)?

If so, grab a journalism, mass comm, or film student from one of the unis out there and say you're making a student film.  Even more so, have it be a political comedy or parody.  That kind of fare usually laps it up when it comes to free speech protections.
Link Posted: 4/30/2006 8:05:11 PM EDT
[#8]
I think the legal aspect would be the least of your worries when someone blows your head off.
Link Posted: 4/30/2006 8:29:49 PM EDT
[#9]
Wear 5.11s, a polo shirt and all kinds of shit on your belt. Don't identify yourself, and demand that everyone present their papers. The conlusion they come to is their problem.
Link Posted: 4/30/2006 8:31:15 PM EDT
[#10]
just don't shoot any dogs and you should be ok.
Link Posted: 4/30/2006 8:39:07 PM EDT
[#11]
get a jacket thats says INS in big letters ala a raid jacket then undernear in smaller font "NOT A MEMBER OF"

there ya go.
Link Posted: 4/30/2006 8:47:48 PM EDT
[#12]
Sounds like a good way to get shot.  The rubber guns probably are just a liability.

But if you're going to do it, go with jackets that say "La Migra"
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