In California, police impersonation under Penal Code 538D requires two elements: wearing police uniform/insignia and the intent to fraudulently impersonate a peace officer. A key legal principle is that any statement made by a party to a case is admissible against them under California Evidence Code Section 1220, meaning the prosecution can use the defendant's own words to prove intent without needing circumstantial evidence. This case demonstrates how a defendant's voluntary admission on body camera—stating that he dresses like a cop so people will respect him and listen to him—provides the prosecution with the single hardest element to prove in any impersonation case, effectively destroying any defense.
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Impostor BUSTED With More Gear Than Real Officers — FELONY Charges Filed (Lawyer Explains)Added:
There's a W. Can >> you raise my visor?
>> Sure.
>> There we go. Just just lift it up.
That's why >> there's a good reason for that.
>> Yeah. Whenever we do the funerals and stuff like that, we try to look as much as we can. You sheriff, police, whatever.
>> That man just told a police officer on a body camera that he dresses up as a cop so people will obey him. He has no idea what he just did, but I do because I am a criminal defense attorney. And what he just said on camera is not a statement.
It is a signed confession. My name is George Graves. I have spent 15 years defending people charged with impersonating law enforcement. And I can tell you right now, what you are about to watch is one of the most devastating self-inccriminations I have ever seen on a body camera. I am going to walk you through every moment of this stop. I am going to show you exactly where this man destroyed his own defense, what the law actually says about what he did and what happens to him after the handcuffs go on. Because that is where most people stop watching. The arrest, the cop car, the end. But I am going to show you what comes next. the charges, the courtroom, the sentence, and why. If this man had a defense attorney standing next to him during this stop, I would have told him to stop talking 12 minutes ago. It starts with a traffic stop. An officer spots a motorcycle blowing through stop signs with police style lights flashing.
Right away, the officer sees something that does not add up. This man is dressed head to toe in tactical equipment. He has a vest. He has a radio. He has a badge that says traffic on it. He looks like a cop. He is not a cop. Two tasers. Let that register for a second.
Do me a favor. Put your hands on your head cuz now you got a gun today.
>> Yeah. Keep your hands on your head. Both of them.
>> Both hands on your head. Both hands on your head. Both hands. There you go.
Clean it.
>> All right, let's hop off.
>> This man is carrying two tasers on a motorcycle and watch what happens when the officer looks closer. The officer finds pepper spray, an expandable baton, a body vest, a radio device, and a badge. This man has more equipment on him than some patrol officers carry on a full shift.
>> Name's officer Riniki. So, a couple things why I stopped you. Okay. Number one, you didn't stop at line in Oakland.
Yeah.
>> Number two, you didn't stop at line in Devonshire.
>> Hurry up. I'm burning out.
>> Okay. Well, >> see where we're at? So, >> that's taser.
>> Is this a real taser?
>> Yes, >> it's a real taser.
>> Oh, weird. Okay. And what is going on with your sidearm, sir?
>> That's a taser, too.
>> This is a taser, too.
>> Got it.
Okay, cool. We're just going to clear you down here cuz >> now pay close attention to what the officer asks next because this question is going to matter.
>> Okay, cool. Any other goodies that I need to know about that are going to hurt me potentially?
>> No, sir.
>> No. Where's it in this pocket?
>> No.
>> Fantastic. Do you have a guard card, sir?
>> No, sir.
>> No, but you're carrying a taser and an ass baton.
>> I don't legal for me to carry a taser, but like I said, I do criminal concessions.
>> Okay.
That's not what we're doing here at the meeting.
>> All right. Come over here with me. Okay.
>> In court. A guard card. That is the critical question. In California, if you want to carry a baton in any professional capacity, you need two things. A guard card issued by the Bureau of Security and Investigative Services, that is BSIS, and a separate baton permit that requires state approved training. Without those, possessing that baton is a criminal offense under Penal Code section 22210.
And that is not just a misdemeanor, that is a wobbler. The prosecutor can charge it as a felony. Now, here is where this case gets significantly worse because what the public did not know at the time of this stop and what came out after his arrest is that this man is a convicted felon. He has a prior felony conviction out of Kentucky. He has additional convictions in Riverside County from 2009 and 2010, including brandishing a weapon. Under California law, a convicted felon cannot legally possess a taser under Penal Code 22610, cannot possess pepper spray under Penal Code 22810. And possessing that baton as a felon turns what might have been a misdemeanor into a felony. Every single weapon on this man is not just unlicensed. It is prohibited. He is not allowed to touch any of it. But here is where this stop takes a turn that no defense attorney can fix. The officer asks the man what he does, why he is dressed like this, why he has all this equipment. And the man answers, "Honestly, that is the worst thing he could have done. I need you to understand what you >> like like you're a >> There's a good reason for that.
>> Like you're a police officer.
>> There's a good reason.
>> Okay. There's a Well, >> can you raise my visor?
>> Sure.
>> There we go. Just just lift it up.
That's why >> there's a good reason for that.
>> Yeah. Whenever we do the funeral escorts and stuff like that, we try to look as much as we can. You sheriff, police, whatever.
>> Uhhuh.
>> Cuz main reason is that people will respect you more and they'll listen to us.
>> Okay.
>> I mean, we get out there, you know, as close as we do. We get out there and we're stopping traffic.
>> Sure.
>> And uh >> just happened because most people hear that and think he is just explaining his job. He is not. He just handed the prosecution the single hardest element to prove in any impersonation case. Let me break this down. In California, police impersonation is governed by penal code section 538D.
The statute makes it a crime to willfully wear, exhibit, or use 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 with the intent of fraudulently inducing the belief that the wearer is a peace officer. Two elements, the uniform or insignia, and the intent. The uniform part is easy. He is wearing a vest with a badge that says traffic. He has police style lights on his motorcycle. He is carrying weapons that only law enforcement and licensed security carry. That element is done.
But intent, intent is where impersonation cases live or die. The prosecution has to prove that this man did not just look like a cop by accident. They have to prove he wanted people to think he was a cop. That is usually the hard part. Prosecutors spend weeks building circumstantial cases around intent. They bring in witnesses who saw the defendant directing traffic.
They pull records of complaints. They piece together a pattern. This man handed it to them in one sentence.
People will respect you more and they will listen to us. That is not a man describing a job. That is a man admitting that the entire point of the disguise is to make civilians believe he has authority. That is the textbook definition of the intent element under 538D. And he said it on a body camera.
It is recorded. It is timestamped. It is admissible. Now, I want to explain something that most people do not know about statements like this. Because in a courtroom, this does not just come in as something the defendant said. It comes in under a specific rule of evidence that makes it devastating. Under California Evidence Code Section 1220, any statement made by a party to a case is admissible against them. Period.
There is no hearsay objection. There is no foundation requirement. If you said it and you are the defendant, the prosecution can play it. This is stronger than a declaration against interest because the prosecution does not even need to prove the statement was against your interest at the time you made it. It just needs to be your words.
That statement will be played in court.
It will be played for the jury and the prosecution will point at it and say, "He told you himself. He dressed like a cop so people would obey him." That is impersonation. That is intent. He said it on camera to a police officer. And the defense cannot exclude it. They cannot argue it was coerced because he volunteered it. They cannot argue it was taken out of context because the full body camera footage shows exactly the context. This statement is bulletproof for the prosecution. If I were his defense attorney, the moment those words left his mouth, my strategy would need to fundamentally change because the intent element is no longer arguable.
And it does not stop there because this man cannot stop talking.
>> Okay. So, you ride with a company?
>> Well, I'm freelance, but I do ride for several different companies.
>> You freelance?
>> Okay.
>> This is one of the uniforms they require. You know, your escort.
>> Got it.
>> Well, we're going to figure out a couple things here. I'm gonna have you just hang tight and sit here with my partners while I'm gonna do a uh quick inspection on the uh on the motorcycle. All right.
>> The officer asks if he works for a company. He says he is freelance. That one word eliminates an entire defense strategy. If he worked for a licensed funeral escort company, his attorney could argue the company required the uniform and provided the equipment.
Freelance means every piece of gear on that motorcycle is his personal choice.
There is no employer to blame. He claims he >> made of it.
>> Yeah, >> they're not legal.
>> You got to be certified in those.
>> I am certified.
>> Do you have a car? Who put you through instructor course? I mean the taser program.
>> I did go through taser program.
>> You did?
>> Yeah.
>> For who?
>> Through uh San Bernardino.
>> San Bernardino Sheriff's.
>> No, it's through uh guard security guard thing over there.
>> Okay. Do you have the card with you saying you have certification?
>> No, they gave me a certification that's framed in my home.
>> They gave you a certificate?
>> Yes. something.
>> He has taser training. The officer asks for proof. He has nothing on him.
Certificate is at home. He says it does not matter. A training certificate does not override a felony conviction. Under penal code 22610, a convicted felon is a prohibited person. The law does not care how qualified you are. It cares whether you are allowed to possess the weapon at all. Then he tries to name drop the police.
>> Fully kitted up like like you're a >> good reason for that. like you're a police officer. I'm not going to call the chief, sir.
>> I'll call him.
>> Okay.
>> Call the mirror.
>> Yeah, please.
>> Quick inspections on the uh on the motorcycle. All right.
>> Police chief asks the officer to call him. The officer shuts it down immediately. I don't work in the world of favoritism and backdoor deals. That goes on the body camera, too. And then the formal arrest. He is arrested.
Transported to the station. The motorcycle is towed. And for most people watching, this is where the story ends.
The fake cop got caught. Justice served.
Move on to the next video.
>> Would you mind picking me up and put me in the back of your car? Start getting me.
>> We got you.
>> I am a heart transplant patient.
>> Totally understand, sir. You ready? Put your feet out in front of you.
>> There you go. Stand up. Thank you.
>> Where's your unit?
>> Uh, is it back? Can we put them in yours? You mind?
>> Yeah. Do >> Thank you, gentlemen.
>> Oh, I'll let you pull it out. There you go.
Do >> you have a chain cuff?
>> No, we do not, sir. But it's not It's going to be a short ride to the uh our station. Okay.
>> Know where it is.
>> Thank you.
>> If I'm not mistaken, is this man infraction?
>> What's an infraction? What I'm being arrested for?
>> Um my partner will uh explain everything to you. I believe uh when it comes to weapons that you cannot have. Um it may be a misdemeanor. It may be a felony.
Okay. All right. Tell me, sir.
But I am a defense attorney. This is where my story begins because what happens after the arrest is where the real consequences land and they are more serious than most people expect. Let me walk you through what this man is facing. First, the charges. Based on what we saw on that body camera, the prosecutor has the basis for multiple counts. Police impersonation under Penal Code 538D is a misdemeanor. The penalty depends on how you did it. If the prosecution charges under subsection A for wearing the uniform and insignia, that is up to six months in county jail.
But if they can prove he used an actual peace officer's badge, subsection B applies, and that bumps it to one year in county jail and up to $2,000 in fines. That badge on his vest that says traffic is going to be a key piece of evidence in determining which subsection the prosecutor files under. Either way, if that were the only charge, this would be a bad day. But it would not be a lifealtering day. The weapons charges are what change everything because two of those charges are wobblers. In California, a wobbler is a crime that the prosecutor can file as either a misdemeanor or a felony. It is entirely up to the district attorney. The baton charge under Penal Code 22210.
Wobbler. If filed as a felony, that carries 16 months, 2 years, or 3 years in county jail. the pepper spray charge under penal code 22810. Also a wobbler.
Same felony sentencing range. So this man walked into a traffic stop carrying equipment that put him at risk of felony charges before anyone even asked his name. And here is the math that matters.
One misdemeanor impersonation charge plus two potential felony weapons charges plus another misdemeanor for the tasers. That is not a traffic ticket situation anymore. That is a situation where the prosecutor has enormous leverage and the defense attorney is working from a position of almost no strength. Now, let me tell you what happens in the courtroom.
>> I got to ask why.
>> Why?
>> Yeah.
>> Oh, just uh our protocol or rules that we have.
>> Well, I just wondered if there was something to them, you know.
>> Yeah. You're going to stand in this box for me. Go ahead. Spread out your feet and you're going to face that wall.
Okay.
>> You know, I'm trying to do is make enough money to live off of.
>> Yeah. What you do for work?
>> Escorts.
>> Escorts.
>> Yeah. Plus, I get $1,200 a month on social security.
>> Okay.
>> You can't $1,200 a month.
>> No, I understand on everything.
>> Face the wall for me. Face the wall.
>> I thought you wanted an open door.
>> No. Go ahead.
>> All right. So, um um the investigative officer, he's going to come and talk to you. Okay.
>> You can use him. Huh?
>> Any idea how long?
>> Uh probably like 10 minutes. Uh-huh.
>> So, um, your properties will be put in a bag. Uh, >> room because I have been in this room. I have sat next to clients facing these exact charges. After the arrest, he is booked, fingerprinted, photographed. He either post bail or he waits for arraignment. Scheduled bail for impersonation in Riverside County starts at around $5,000. But with the weapons charges and his prior record, a judge can raise that significantly. At arraignment, the charges are formally read. He enters a plea. If he has a defense attorney, and he should, the attorney is going to look at the evidence and have a very uncomfortable conversation. And here's the problem. As a defense attorney, what do I argue? I cannot argue he did not look like a cop.
The body camera shows every piece of equipment, including Riverside County Sheriff's Department style patches. I cannot argue he did not intend to be mistaken for a cop. He said on camera that the whole point is to make people think he has authority. I cannot argue the weapons were legally possessed. He is a convicted felon. He is prohibited from possessing any of them. I cannot argue the employer made him do it. He is freelance and his former employer, a legitimate funeral escort company, has publicly confirmed that their escorts do not carry weapons. The realistic outcome here is a plea deal. That is the only move a competent defense attorney makes with this evidence. The goal is to get the wobbler charges filed as misdemeanors instead of felonies, consolidate the counts, and try to avoid custody time. But this man has prior, a felony conviction, weapons related history. That is exactly the profile that makes prosecutors push for felony filing on the wobblers. A firsttime offender with no record might walk away with informal probation and community service. This man is not a first-time offender, and the evidence is not ambiguous. It is on camera now. I want to talk to you because this video >> I just explained to you the tasers, the aspeton, all that stuff right now.
>> Get a hold of the chief, please.
>> I'm not going to call the chief, sir.
>> I'll call him.
>> Okay.
>> Call the mayor.
>> Yeah, please. That's fine, sir. Well, the law is what the law is, so >> there's I don't I don't work in the I don't work in the world of of favoritism and personal favorites and backdoor deals, sir. So, >> is not just about one man on a motorcycle. If you work in private security or any field where you carry equipment that could be confused with law enforcement, the line between legal and criminal comes down to documentation, guard card, training permits, employer mandate. Without those, you are one traffic stop away from this man's situation. And if you are ever pulled over by someone who does not look right, you do not have to guess. Call 911. Dispatch can confirm in seconds whether a real officer is conducting a stop in your area. That body camera footage you just watched is exactly why this matters. That man was operating in public with police equipment, police lights, and the full expectation that civilians would obey him. And until a real officer pulled him over for running a stop sign, it was working. If you are dealing with a criminal charge and you do not know your rights, get an attorney. Do not talk to police without one. Do not explain your way out of it on a body camera because every word you say is recorded and it will be played back to you in a courtroom. If this video helped you understand what police impersonation actually looks like and what happens after the arrest, hit that subscribe button. I break down cases like this every week. Straight legal analysis from a defense attorney's perspective, the law, the charges, and what actually happens in the courtroom. I am George Graves. No, you're right.
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