OFFICE OF THE A7-l.ORNEY GENERAL OF TEXAS
AUSTIN
Yonorable Bert Ford, ~ditilniatrator
Texas Liquor Control Board
Austin6 TeXaa
Dxir sir:
ion of this dep
as followar
ly aware, there are
such SB boot-
ivcn or the Toxaa Liquor control
80, ootivelp engaged in the pro-
olstors of this type but muoh
untered in apprehending them,
evideme of violations of la.%when
one are restria~tedto dealings with
the military foroed.
*It ir often found desirable to attire law-
enforoement offloers in a fashion that would de-
ceive the oriminal into a reasonable belief that
the officer ie a soldier. Xhaki olothing similar
FIonorebleBert Ford, page.-2
to that of a aoldier oan readily be purohaaed In
meroantlle sbbros which might serve the purpose,
but In this connection there appeer to be oompli-
cations which night give rlso to legal ob?ections
to such practices.
"One of the prosecutors of the ,'.tete
haa.sd-
visnd OS clrcumtenoes wherein two officers, at-
tired in khaki clcthi&y purc?lasedprivately and
bearl?c no Insignia thereon, ep;roaoked a boot-
legeer catering only to soldiers enA were sold
liquor by this bootlegger. One of the officers '
eotuslly wuae wearing a Sovermant iesued over-
seas cap whiah hed been picked up in some plaoe
and the other was without suoh e cap. Ties were
of the testure and color worn by soldiers, ea
were the tan shoes they wore.
"The officers were clothed in this fashion
for the axpress purpose of areatlng the Lmprea-
sion in the mind of the bootlegger that they were
soldiers of the United states AIIVIY. This took
plaoe in the vicinity of one of the l8rge~mllitarg
oamps looeted in the State.
There is a question In the rnlndof the afore-
mentioned prosecutor ,aa to the legality of lntro-
ducing evidence obtained In this fashion, and.he
has suggested that an opinion on the subject be
obtained from your offloe.
wArtiole 147 of Vernon*6 Penal Code provide8
ee follows:
wYYhoever shall ssorete, sell, dispose of,
offer foraale, purohaee, ret&In after demand made
by a eommleaioned orrioer of the active militia
of this State, or Ln any manner pawn or pledge
any arms, uniroms, equipment6 or other military
property, iesued under any provlalon of the law
or of the military regulations of this State, and
any pereon who shall wear any uniform, or pert
thereof or devioe, atrap, knot or insignia of
I any design er oharaotsr used as a deelgnation of
Honorable Eert Ford6 page 9
grade, rank or offloe, suoh as are by law or by
general regulations duly promulgated, presoriived
ror the use of the active militia of the ;‘tate,
02.similar thereto, exoept members of the army
OS th6 United States or the active nilitS% of thie
or any other state shall be Sined not less than
one hundred nor more than five hundred dollars.'
Wkrtlole 727a, Vernon's Code of Criminal Fro-
cedure, provid~es86 Sollowa:
R*Xo evidenoe obtained by nnofficer or other
person In violation of any plovisions OS the Con-
stitution or laws 0r the State of Texas, or 0r tie
Constitution of the united States of Ameri.ca,%hall
be admitted in evidence against the accueod on the
trial or nny criminal case.*
Under these oircumstances we would appreciate
your opinion in response ~to'the following questions:
“1. Vould the introduction of evidenoe and
the Offering of testimony by an offleer attired
in a rashion designed to create the impression
that he was a solaler or tha TfnitedStatesq army
but none of which clothing was of G~Vernfmit issue,
be legal in the prosecution for the offense of un-
lawfully selling liquor $0 suoh officer in a dry
wee?
*2. v0ula the intxoauoti05 0r tlrviaenoeand
the offering of testimony by an OSfiOer who waa
oth%rv!iseattired In privately purcbaasedclothing,
not OS Government issue but designed to oreate
such impression, wearing an.overseas oap of Eovern-
ment Sesue; be legal in the proseotuion of an of-
renee of this cbarscter7"
Sectl~on1893, Title 10, 0. 8. C. A., provides In
part :
*It shall be unlawful for any person not an
offioer or enlisted man of the United States Army,
Navy, or Karlne Corps to wear the duly prescribed
Eoncrable J?%,rt
Ford, psge 4
tdf01~11Or th8 United StetOe AZYII~, Navy, or.lzarin%
corps, or any dlstinatlve pert of suoh uniform or
a unlrorm any part of whioh la elmllar to a dis-
tlnctlve pert of the duly presorLbed uniform of the