Jackson Heights, NY asked in Criminal Law, Immigration Law and Federal Crimes for New York

Q: Why aren't fed agents prosecuted for violation of nys penal law sect.190.26 when they weare clothes saying POLICE

1 Lawyer Answer
Samuel C. Breslin
Samuel C. Breslin
  • Criminal Law Lawyer
  • Albany, NY
  • Licensed in New York

A: Under the statute, police officers AND federal law enforcement officers are permitted to identify themselves as such. Only people who PRETEND to be police or federal law enforcement officers are violating the statute. Even for regular citizens (i.e. non police/feds) simply wearing a shirt that says "Police" is not illegal; you have to pretend to be a cop, and try and use that authority, or identify as a cop in order to commit a crime.

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