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U.S. v. Fuller (9th Cir. - July 8, 2008)

By Shaun Martin

Sure, college students sometimes have fake identification (e.g., to buy alcohol). And sometimes really little kids make up "badges" and pretend to be a sheriff or the like. But when you get, say, in your 30s, it's time to stop those little games. Because, really, what's the point?

So why, for example, would someone create a fake badge for the (alleged) "Special Response Unit" of the State Department? Especially when the only thing you seem to be using it for is to drop your gun off at a Customs Office locker before you head up to Canada. You can't just leave your gun at home? Or in a private locker? You really think it's wise -- or worth it -- to flash a fake badge and risk a federal felony rap just for the ease of dropping off your six-shooter at Customs?

Only in Idaho.

P.S. - The fake identification actually sounds like it was pretty well done. Except, of course, for the fake name of the nonexistent agency. Oh, and what's on the back of the attached identification card. Which carries the following oath: "I, acting as an agent of the United States Special Response Department, promise to uphold the integrity of the Constitution of the United States. My priority as an agent is to act in bravery to protect the United States citizens against criminal injustice and to ensure due processing of our justice system." Now, to the average person, that may perhaps sound like an oath that a law enforcement agency might make its agents take. But come on. In the real world, we don't give people oaths "to act in bravery" against "criminal injustice". And I'm sure you got the part about ensuring "due processing of our justice system" by some loose analogy to the Due Process Clause. But you sort of missed the point -- and syntax -- on that one.

Full post as published by California Appellate Report on July 08, 2008 (boomark / email).