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Originally Posted by CamaroSkooter
Yeah, I'm in the same boat. All I had to go off of earlier was the blurry photo and operating under the assumption that he dressed his car up to look exactly like Barricade from Transformers. The movie car does not include giant "SPEED ENFORCEMENT" text across the back bumper.
He is definitely walking a very thin line at this point. While his car does not expressly state "POLICE" anywhere on it, the word "ENFORCEMENT" is a game changer for my whole argument. At that point, he's driving a vehicle that appears as though the driver can actually enforce any laws, which is definitely impersonation.
At this point, Chris Blair, we would be in agreement. He is definitely going to get punished. Before I thought he was just driving a car made to look like a movie prop. That one sticker, coupled with his own testimony is enough to completely change my mind.
This should be interesting to see how the court rules...
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Very interesting, I agree. I see two things:
First, what was the actual probable cause to pull him over. I admit, it seems like the cop just said to himself "wow, that deserves a closer look", and in many ways I don't disagree with that, but in some I do. The nonsense he plastered on the car mitigates that a little but still, it seems the paint job was the prime motivator for the pull-over and I'm not so sure that's kosher. Maybe that is permissible as a primary stop in MA. I admit, I've never had the notion to try this so I never looked it up!
The second is does the driver really falsely assume the role
and "act as such", because that's the key to impersonating an officer in this case I think. I think "act as such" is vague on purpose, in the law. In this way, sure you or I can dress up as a cop for a costume party and not by default be impersonating an officer, but, through some action we take it can be argued that we also "acted as such", and what does that really mean? I suspect it's almost anything the arresting officer wants it to be.
My gut says that what they will get him on is the fact that he was trying to use his cop-like car to make people act the way he wanted them to act. I'm anxious to see how this turns out.