Brown Opinion Likely to Spark Badge Debate

California Attorney General Jerry Brown's decision to restrict the design of honorary sheriff's badges is likely to have far reaching implications that may affect badges worn by non-sworn law enforcement personnel as well as private security officers in this state.

The opinion, written by deputy Attorney General Marc J. Nolan, states that "An honorary badge should be as distinguishable as possible from badges used by peace officers". Nolan added " The more an honorary badge resembles an authorized peace officer badge in shape, markings and other indications.....the more likely the badge will deceive an ordinary reasonable person".

While the Attorney General's opinion specifically applies to honorary badges awarded by sheriffs, the language of Nolan's statement may be used in arguments to further restrict the design of badges of non-sworn law enforcement, and  also cause stirrings among those who favor tighter restrictions on private security badges. It is a deeply held belief among this group that an "ordinary reasonable person"can be easily fooled into believing that a badge that resembles anything other than a door bell is the badge of a sworn peace officer.

Unfortunately, what comes through in this kind of regulation is not the intent to readily distinguish between sworn peace officers and private security. But rather it is to warn the public about those who wear the oddly shaped badges. "Caution, the individual attempting to help you is not a peace officer". Is that our message?