Florida Private Investigator Arrested for Impersonating a Police Officer

You need to look into the Impersonation of a Law Enforcement Officer ARTICLE you wrote back in November of 2008. You should look at the outcome of the case and run another Article that shows what happened. You recieved a copy of a newspaper article from a company that could not compete with Eyes on You SO THE ONLY WAY WAS TO BRING DOWN THE COMPANY. You should be ashamed of yourself. I hired this agency right after the owner was arrested. She personally did my case and came out with great results that won my case. You might want to look at what you do and how to do it better, I am sure if we ran your name we might find a few things wrong with you. Lacey Davis

Lacey:

1. Per Lake County, FL Clerk of Court public records available online, it would appear that Ms. Wolfman plead nolo contendere (no contest) to the lesser, misdemeanor, charge of “Unlawful Use of Indicia of Authority” rather than the felony charge of “Falsely Personating a Police Officer” and was sentenced to 1 year of supervised county probation and a fine. Additionally, we noted that the status of Patricia Wolfman’s Florida private investigator license, as of this writing, is “ADMIN ACTION PENDING.” If Ms. Wolfman has something else to add to the story, we invite her to do so without the use of pretext or pretending that she is someone other than herself.

2. We were not sent a copy of this news story, we found it through our subscription to “Google Alerts.”

3. We stand behind our article 100%. While an unfortunate situation for Shelley Wolfman to be sure, we featured this story as a very important reminder to other investigators about which types of behaviors could land them in jail, have a negative impact on their clientele and/or ultimately mean the loss of their professional license. The article is not an indictment of her character, professionalism or investigative abilities. While she neither plead guilty nor innocent to her original charge, the totality of the circumstances proves the point we were trying to make in our article. We wish her the best of luck.

4. No, in fact you won’t even find something as small as a speeding ticket on my record, which is why I get to maintain my professional licensing in Florida. Contrary to your belief, not all of us have “a few things wrong” in our background.

Regards,

Stephanie Mitchell
Managing Editor
Pursuit Magazine

Apparently there is a lot missing here. First off, you quoted the following:

“Chapter 493, Florida Statutes clearly states:

XVI. BADGES

a. Florida law establishes that five-pointed star badges are reserved for wear by sheriffs and deputy sheriffs in this state. Any badge or insignia of such similarity to the official sheriff’s badge which is indistinguishable at a distance of twenty (20) feet is prohibited for use by individuals licensed under Chapter 493, F.S.

b. Licensed private investigators and private investigator interns should be especially aware that the use of any badge in the course of investigative activity creates a very strong suggestion of impersonation of a law enforcement officer, an act that would constitute misconduct in the course of regulated activities. ONLY the agency identification card and the Class “C” or “CC” license are needed for identification purposes while on the job.”

I’ve read Chapter 493 many times, and re-read it for the purposes of this article, and have found nothing stating what is contained in your article. I presume you may have been reading some information posts by the Division of Licensing on this matter, however, when it boils down to it, their information posts are NOT law AND they are not what is clearly contained in 493. Now there are specific statutes that state no one can use a 5-Star badge other then those authorized by statute, no one can use specific words such as “deputy”, “agent” ………, and Chapter 493 restricts the use of the Great Seal of the State of Florida.

At any rate, obviously care needs to be exercised by any regulated professional when using badges and in how one identifies one-self, however, based off the information contained in this article, I myself would have challenged any criminal charges on many different levels. So it would appear there is much more to this story then what is being reported. As well, there is a specific case on point (my apologies I do not have the citation) that relates to this matter. It was a case out of Georgia that went to the Appelate level which covers Florida and it covers the whole badge/impersonation issue and is very illuminating as to what the definition of a “reasonable person” is and how the simple act of displaying a badge does not constitute the act of impersonation. Remember, a “reasonable person” should ask for official identification and verify such identification.

Dear Reader and Ms. Mitchell;

I used and use this article in my STATE APPROVED INVESTIGATOR School (to illustrate that section of 493) since and when this had occured. I also know that the Statue is specific about “badge which is indistinguishable at a distance of twenty (20) feet”( perception depends on the person and their own background). I am a former/disabled Deputy and I as well as ANYONE who displays a badge, intend to GRAB a persons attention for just a moment. Then clearify Private INVESTIGATOR. Before the door gets shut in the investigators face. To verbalize and brandish a gun oversteps any bounds. In FLORIDA we are lucky that they have not outlawed (like many US States) the use of badges completely. Abuse a privilage and lose it.

I also utilize and advise my students to use PURSUIT MAGAZINE to keep up on the latest PI news in Florida and the Industry in general.

Keep up the Good work Stephanie and Scott.

Thank you so much Pat, we appreciate all that you do and your continued support.

Stephanie Mitchell
Editor of Pursuit Magazine

I have a new business, I have someone who has told us we can not use the 5 star logo, (not a badge), just on my business cards and website…Is this a violation. I am clear not to display a badge on my person. But is it ok to use on paperwork

Depends on where you are located… Your state/region/province will have some kind of Business and Professions Code that governs your rights and responsibilities, if your area requires licensing.

California, USA… No use of badge either in person or in print.

A star is a star, but depending on design might create confusion over your company’s association with the government.

The use of a badge, insignia,logo, vehicle, gesture or anything similar to that used by law-enforcement or that can lead anyone to believe that the PI is an officer of the law or a representative of any public or private entity is not only a violation and an ego feeder, but a clear indication of a poorly trained individual who lacks creativity and sound understanding of the law.

The brain is like the hard-drive of a computer, the more garbage you store in it, the less space you have for creativity and good use of common sense; therefore, increasing the risk of viruses and contaminations. The badges, guns and/or any other PI toy will only play a roll in the PI mind as the thought of impressing others will only create limitations which push the investigator away from effectively gathering facts or evidence based on the client’s real needs and concerns.

Leave the badges and guns to law enforcement, security guards or PI involved in bodyguard duties. Use no other badges than reviewing the laws and regulations and educating yourself in the field in which you are performing. And use no other weapon than a thorough review of your client’s concerns, not necessarily to get what the clients want, but to get the facts and/or evidence needed to validate a case.

Regardless of the regulations, Badges, Guns, Insignias and Impersonations increase the risk and represent a potential liability for both, the PI and Client.