Long time all... hope everyone is fine...
Part of this law was missing.... it DOES exempt actual Bail Bondsman who CAN carry "BAIL AGENT" on clothing, badges, ID etc....
Also... if you notice.. the law seems very open to interpretation to me. Look at the wording: I'll bold and italicize the important parts:
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Sec. 216b. (1) A person, other than a peace officer, shall not
wear or display the emblem, insignia, logo, service mark, or other law
enforcement identification of any law enforcement agency, or a facsimile of any of those items, if
either of the following applies:
(a)
The person represents himself or herself to another person
Senate Bill No. 444 as amended September 29, 2005
as being a peace officer. As used in this subdivision, "peace officer" means that term as defined in section 215.
(b) The wearing or display occurs in a manner that would lead
a reasonable person to
falsely believe that the law enforcement agency whose emblem, insignia, logo, service mark, or other law enforcement identification or facsimile is being worn or displayed is promoting or endorsing a commercial service or product or a charitable endeavor.
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If either of those 2 things NEED to be met (per the statute) then whats the issue?
#1 Dont claim to be an LEO.
#2 per sec b, Dont wear a patch / badge etc that is similar to your area dept. so as to make the public think you are with that particular agency. ie don't wear the SAME badge style as say... DEA and then wear BEA on the back of your coat. As per section b, it "would be lead a reasonable person" to believe you are DEA.. etc.
Our badges are unlike any badge in this area and we never had any issues. To be fair.. I havent talked to our attorneys yet on this subject... but take a good look at the wording... it really does NOT say plain out.. we cant wear badges. EVEN Best Buys computer dept GEEK SQUAD wears badges that are IDENTICAL in shape to one of the Dept's that I reserve at!!
It really boils down to one thing for me.... SAFETY!!!!
In a city like Saginaw... I WOULD NOT want to enter some crackhead's house with nothing on but a polo shirt or tee shirt and NO markings NO badge..etc. Doing so would be ASKING to get shot!!! Sometimes lawmakers really need to use their head. Would they really want us running into houses unmarked but yet armed? Would be a field day in court... I can see it now.....
Me: Your Honor... I clearly shot him in self-defense as he pulled out a gun and pointed it at me.
home owner: your Honor... I had no idea who this guy was who entered my house... he was dressed like an average joe... i thought I was getting robbed...
Whose fault would it really be??? Can't really blame either one. Get real... if you "enter" someone's residence with the intention of removing one of them and taking them to jail.... I would say you really need to be identified as someone official
