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    #31
    Originally posted by glen View Post
    TVC- would it be like any other ID. Ive seen student ID that look so similar to a Tx ID that I had to really look at it. No Holo but did have a school seal. Did not have State of Tx seal. I looked at however many IDs the city of Austin Cops arrested every night I worked pretty much as I was assigned Arrest Review when we had to verify ID. I saw some that if I didnt take my time and look at would get by. As long as it didnt have false information on it or Have a fake seal I could not find an offense title.

    So in theory just make it look simular- dont counterfeit an official seal- dont put false information on it. What or where is the offense?

    I would like to hear your opinion on it because you taught this- are well versed- and do better research than anyone I know. Also is there now a written law about it in the HSC?
    Every Covid vaccine card that I have seen whether fake or real, had a CDC emblem. Even if not, it is still a crime the moment you present it to someone.

    Filling it out if it has a state or CDC seal is a crime. Filling it out without such an identifying government mark (seal, emblem) would not be a crime until the moment you present it.

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      #32
      Originally posted by Bucknaked View Post
      Oh, I get that but don’t you see what is happening? Asking for a friend.
      My tinfoil hat doesn't fit.

      Comment


        #33
        Originally posted by glen View Post
        ……..So in theory just make it look simular- dont counterfeit an official seal- dont put false information on it. What or where is the offense?

        I would like to hear your opinion on it because you taught this- are well versed- and do better research than anyone I know. Also is there now a written law about it in the HSC?
        I know this will make sense due to our experience. First we know what the title of an offense does not always match the crime.

        One of my favorites is PC32.47 Fraudulent Destruction, Removal of a Writing. We get a guy in Walmart and he takes a 25 cent pack of gum and changes the price tag for a 10 cent pack of gum. It is a theft of 15 cents right? It is a class C misdemeanor. But…. We charge them with 32.47 and I believe it goes from a class C misdemeanor to a class A and up to a year in jail because it is now a fraud and not simply a theft. It is under the Fraud Chapter of 32 and a person might say wait a minute, I did not destroy anything and I did not tamper with a writing. When you read the offense elements and it says to alter, substitute, conceal, tamper with blah blah blah….. a writing. Then it says a writing in the section is a price tag, a UPC code, etc. so if a person switches a price tag and steals 15 cents, he can go to a year in jail for fraud. He could pick up a whole case of gum valued at $15 and simply not pay for it and the most he can get is a citation. So as cops we know that the title or chapter does not necessarily reflect the crime. In this case we took a simple theft out of chapter 31 and rolled it over to chapter 32.

        So now we come to the fake Covid card. As we know, the two biggest words in law are “and” and “or”. That is because whether in a sentence or a sequential set of elements, it always ends in “and” or “or”. So if a crime says it is an offense if a person does A, B, C and a D….. unless all four things can be proven, there is no crime. But if the crime says if a person commits A, B, C or D… each one stands alone. If you can prove any one of those, it is a crime.

        Here is the law of falsifying a government document.

        Sec. 37.10. TAMPERING WITH GOVERNMENTAL RECORD. (a) A person commits an offense if he:
        (1) knowingly makes a false entry in, or false alteration of, a governmental record;
        (2) makes, presents, or uses any record, document, or thing with knowledge of its falsity and with intent that it be taken as a genuine governmental record;
        (3) intentionally destroys, conceals, removes, or otherwise impairs the verity, legibility, or availability of a governmental record;
        (4) possesses, sells, or offers to sell a governmental record or a blank governmental record form with intent that it be used unlawfully;
        (5) makes, presents, or uses a governmental record with knowledge of its falsity; or
        (6) possesses, sells, or offers to sell a governmental record or a blank governmental record form with knowledge that it was obtained unlawfully.

        The highlighted “or” between 5 and 6 means that any one of those numbers stands alone as a crime. I know that you know how to read all of this but I’m doing this for the benefit of those who don’t routinely read the law.

        In #2 alone we have another “or”. So just under 2, if a person makes a fake CDC card or presents a fake CDC card or uses any fake CDC card, it is a crime. If a person actually comes into possession of a stack of actual like CDC cards, it is a crime other number 4.

        Again, will anyone actually check, will they actually read the card, see if it’s valid or will someone prosecute? I don’t know but in my opinion, possessing, filling out, presenting or in any manner using a fake CDC or even Texas Health Department card is a crime.

        I don’t care what anyone else does and I’m not making them all moral judgment. Anyone can do as they wish. This is what I think the law is in Texas however.

        Here is an article from Hawaii a couple of days ago of a father and son arrested under Hawaii law which is very similar to Texas law.

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          #34
          I read something about the Feds already storing vaccine data inside QR code’s for a future “passport”. I guess it’s impossible to reverse engineer the codes.

          Comment


            #35
            TVC. Makes sense and I can see stretching that one but not sure Id carry that one to a judge without knowing I was gonna get spanked in his/her office. But “you can beat the rap but not the ride” would be in effect. I just know if Im on scene the most Im doing is writing a report

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              #36
              Originally posted by oktx View Post
              Illegal documents.

              From the link.

              If you do not wish to receive a vaccine, that is your decision. But don’t order a counterfeit, waste my officer’s time, break the law, and misrepresent yourself. CBP Officers at the Area Port of Memphis remain committed to stopping counterfeit smuggling and helping to protect our communities. But just know that when you order a fake vaxx card, you are using my officers time as they also seize fentanyl and methamphetamines,” Neipert added.
              Then he should order his guys to trash the fake cards and immediately move on to the search for drugs. If his officers are "wasting time" with the harmless, useless blank cards from china then that's on "NeverTouchedABoobNeipert."

              Comment


                #37
                CBP Management is so corrupt. These are guys working an Airport and an “inland” river port. Not a Seaport and not the Land Border. Check passports and search bags. Same managers that would end the career of an Officer if he dared to enforce any immigration law.
                Last edited by Ætheling; 08-16-2021, 12:35 PM.

                Comment


                  #38
                  Let them eat fish-heads! Especially democrats!
                  Vac Card.pdf

                  Comment


                    #39
                    Originally posted by MassMan View Post
                    Too bad they can't seize thousands of Guatemalans.
                    or phony voting ballots

                    Originally posted by oktx View Post
                    Illegal documents.

                    From the link.

                    If you do not wish to receive a vaccine, that is your decision. But don’t order a counterfeit, waste my officer’s time, break the law, and misrepresent yourself. CBP Officers at the Area Port of Memphis remain committed to stopping counterfeit smuggling and helping to protect our communities. But just know that when you order a fake vaxx card, you are using my officers time as they also seize fentanyl and methamphetamines,” Neipert added.
                    where were they when the Chinese voting ballots came in???

                    Comment


                      #40
                      Originally posted by oktx View Post
                      Illegal documents.

                      From the link.

                      If you do not wish to receive a vaccine, that is your decision. But don’t order a counterfeit, waste my officer’s time, break the law, and misrepresent yourself. CBP Officers at the Area Port of Memphis remain committed to stopping counterfeit smuggling and helping to protect our communities. But just know that when you order a fake vaxx card, you are using my officers time as they also seize fentanyl and methamphetamines,” Neipert added.

                      I’ll care about the CBP’s opinion when they start enforcing border laws.


                      Sent from my iPhone using Tapatalk

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