Client was charged with two felony counts of criminal impersonation of a peace officer in Multnomah County. The charges stemmed from allegations that the client performed services as a security guard while wearing a law enforcement badge.
The charge of criminal impersonation of a peace officer requires proof of three things:
1. An intent to defraud or gain a benefit;
2. the use of false law enforcement identification to give an impression that the person is a peace officer; and
3. does an official act in the assumed character.
Three police officers, an OLCC (which is charged with enforcing Oregon liquor control rules) inspector and an DPSST (which is charged with licensing private security guards) investigator testified that Client performed work in the role of security guard while wearing a law enforcement badge and allowing people the false impression that he was a law enforcement officer.
Client testified that he thought people were under the impression that he was a law enforcement officer, and that it was a mistake to not correct that false impression, but that he never intended to trick anyone into thinking he was law enforcement. He also testified he wore an old badge from when he was in law enforcement because he didn’t know it would create such problems when he was working security.
After two days of testimony by prosecution witnesses, and following Client’s testimony, the judge in the case granted the defense motion for acquittal and dismissed all charges. The jury, hearing the judges decision, congratulated Client – and some even came out of the jury box to shake his hand!
A big win for a Client that was truly not guilty!