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florida law section 843.08 Falsely personating officer, etc.

abn166

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Location: Rancho Cucamonga, CA USA

3/30/2011 8:19 AM

here is the section of law that bubba violated. the important part, the element of the crime is below. that part is vague, saying, "takes upon himself to act as such", the court will have to decide if his actions meet the requirement.





and takes upon himself or herself to act as such, or to require any other person to aid or assist him or her in a matter pertaining to the duty of any such officer, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084;







843.08 Falsely personating officer, etc.
A person who falsely assumes or pretends to be a sheriff, officer of the Florida Highway Patrol, officer of the Fish and Wildlife Conservation Commission, officer of the Department of Environmental Protection, officer of the Department of Transportation, officer of the Department of Financial Services, officer of the Department of Corrections, correctional probation officer, deputy sheriff, state attorney or assistant state attorney, statewide prosecutor or assistant statewide prosecutor, state attorney investigator, coroner, police officer, lottery special agent or lottery investigator, beverage enforcement agent, or watchman, or any member of the Parole Commission and any administrative aide or supervisor employed by the commission, or any personnel or representative of the Department of Law Enforcement, or a federal law enforcement officer as defined in s. 901.1505, and takes upon himself or herself to act as such, or to require any other person to aid or assist him or her in a matter pertaining to the duty of any such officer, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084; however, a person who falsely personates any such officer during the course of the commission of a felony commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084; except that if the commission of the felony results in the death or personal injury of another human being, the person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

FreshTopEnd

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Location: Sacramento, CA USA

3/30/2011 9:05 AM

"the court will have to decide if his actions meet the requirement."

There's a step before even the court or a jury decides anything. Prosecutors have discretion whether to pursue particular charges. How flexible or harsh they are typically turns on the nature of the act, the threat the person poses, the person's attitude and whether they are accepting or evading responsibility, and other factors. That discretion is obviously self limited by what they feel they can prove relative to a charge, but otherwise is given a great deal of deference.

@ftemoto


MBBadgers

C100_wisconsin

Posts: 1191

Joined: 10/6/2010

Location: Madison, WI USA

3/30/2011 9:21 AM

I just find it so funny that when I look to the right of this post all I see is "Criminal Records Online", "View Criminal History" and "Search anyone's Public Criminal records" ads, comedy GuyB.

Void Main

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Location: USA

3/30/2011 9:34 AM

I could have swore that I saw he was already charged with a misdemeanor so he couldn't have been charged with the section of the law that you quote since what you quote is a felony. Do you have a link that shows exactly what he is charged with?

abn166

C100_98686470_1273968287

Posts: 268

Joined: 11/26/2006

Location: Rancho Cucamonga, CA USA

3/30/2011 9:47 AM

here is the charge from his booking photo, it is the same as i posted above.


Highsider

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Location: Good Riding, IA USA

3/30/2011 9:55 AM

It is good to have a quality resource, such as FTE, in light of the 'kitchen-table lawyers' that seem to pop up on Vital.

Nerd

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3/30/2011 10:08 AM

Yeah, there's no way they're going to charge him with a felony.

FreshTopEnd

C100_617301428_1208215675

Posts: 9024

Joined: 8/16/2006

Location: Sacramento, CA USA

3/30/2011 10:10 AM

Thanks, but the best resource is common sense and absence of an agenda (which I guess go hand in hand).

@ftemoto


500guy

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Location: AZ, USA

3/30/2011 10:14 AM

Also, my rug was stolen.

worcsracer808

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Posts: 517

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Location: Boulder City, NV USA

3/31/2011 1:49 AM

500guy wrote: Also, my rug was stolen.

rug pee'ers did this?

tobz

C100_2

Posts: 1914

Joined: 3/5/2007

Location: Adelaide, AUS

3/31/2011 4:16 AM

Stewart can get off on a technical glitch, they spelled his name wrong!
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