The History of Federal Law Enforcement Badges
The history of the federal law enforcement badge goes back several hundred years in this country, to before the Revolutionary War, when the Continental Congress issued badges of rank to naval officers to distinguish them during battle from their subordinates and to denote rank. After the Revolutionary War, many state constitutions were adopted that also authorized legislatures to issue badges.
The first federal statute permitting the issuing of badges was passed in 1792 to provide for the care and custody of records and seal of the federal Mint. In a series of Acts commencing in 1794 through 1818, Congress authorized the issuance of badges to officials of various federal departments, including patent office officials and government revenue officers. Not all of those badges specified that they were for law enforcement purposes. Several of the Acts provided that officials could wear "badges of office," but in none of those was the right to affix a badge to clothing or uniform specified.
The first statutory grant of the right to wear a badge on a uniform was contained in a statute enacted on February 10, 1798, which granted to the officer of the military "the right of wearing on the uniform, so long as may be deemed desirable, such badges as, for uniformity or distinction, may be prescribed by the Secretary of War." Minor revisions were made over the ensuing decades, but the authorization to wear a badge continued to be limited to military personnel.
That changed when President Abraham Lincoln signed the Act of July 17, 1862, 12 Stat. 594, which authorized President Lincoln to appoint "a chief of police, whose duty it shall be to appoint such number of subordinates, not exceeding twenty-five , as he may think necessary, to aid him in maintaining order and decorum at the seat of government." The Act was rewritten by the 38th Congress on July 15, 1864, 13 Stat. 386, naming the new officers of police the Watchman of the Capitol Building. They were required to wear a blue uniform, and they were authorized to wear a gold badge bearing the words "WATCHMAN OF THE U.S. CAPITOL and the name of the officer."
A few years later, after President Rutherford B. Hayes established rules regarding the police force of the Capitol in 1878, they were no longer referred to as "Watchmen" but came to be known as the Capitol Police. Although their officers were upgraded in rank from watchmen to police officers, and later again to sergeants, they have always been referred to as the Capitol Police.
The printed H. J. Heinz Co. of Pittsburgh, Penn., catalogs contained an assortment of police badges from the 1920s onward, as did the catalogs from Safeways Security Products Company of New York with regard to police badges. In 1966, the fabled Johnson Smith catalog, which probably sold everything under the sun, had an ad for "Federal Police Badges," pictured here.
Today, federal agencies are authorized to issue badges and seals to their officers and other employeees by their respective statutes and regulations. The one common thread among the different agencies is that federal officers and employees may not wear any badge or insignia without specific authorization. The Secret Service can issue badges to its couriers; the U.S. Marshals Service issues them to deputy marshals and other Marshals Service officers; federal park rangers are issued badges; the FBI issues badges and credentials to its agents; and so on.
Types of Federal Law Enforcement Badges
A commonly seen badge in the Hollywood exaggeration of the American criminal justice system involves federal agents with badges that confer upon their holders the power to arrest and enforce federal laws. In the world of criminal defense, knowing the subject matter of those badges offers insight into their capabilities and authorities in the investigation and prosecution of federal crimes.
Federal law enforcement agent agencies can almost be divided into two basic categories: law enforcement and investigative. Law enforcement agencies arrest suspects and can sometimes bring federal charges, while investigative agencies principally conduct investigations that often lead to law enforcement agencies arresting suspects. Federal agents rarely wear their badges in public or on their person. Law enforcement agencies include such flamboyant organizations as the FBI, DEA, and Secret Service.
The Federal Bureau of Investigation’s special agents’ badges remain among the most easily recognized federal badges. They stand out because the FBI name is prominently placed, whereas other badges typically leave the name of the agency off or place it more subtly. The FBI’s badge is also recognizable because of its distinct shield shape. Federal law enforcement badges typically do not carry the coat of arms of the United States. They also rarely feature the official seal of the issuing law enforcement agency. The FBI and DEA are the only federal agencies that use a shield shape. The Secret Service uses a traditional badge. When federal law enforcement officers are present in public locations, they often wear lapel pins featuring the emblem of their respective agency. The FBI and Secret Service actually have two emblems—sit and lapel pins are featured on one side, while badges feature the other.
The DEA exists as a division of the U.S. Department of Justice, but they have their own badge. Its shape resembles that of a coat of arms, while the inner parts symbolize the investigatory mission of the agency. DEA agents wear their badges clipped inside their clothes instead of across their middle or clipped to their lapels like other federal law enforcement agents.
The Secret Service’s uniformed division badge is perhaps the best known of all federal badges. It depicts an eagle flying over two flags, with the Serpent on the Branches of the United States symbolizing the past. The reverse bears a representation of the great seal of the U.S. Department of Homeland Security. The Secret Service does not display the seal on its main division badge, because a significant number of the agency’s employees do not display the badge on their person.
Symbolism and Markings on Badges
The design elements of a federal law enforcement badge are purposeful and carefully chosen to represent both the authority of the primary federal agency as well as the specific divisions, programs or offices within the agency. Common symbols of federal law enforcement badges include the American eagle, the American flag, and the scales of justice. The eagle is used by many federal agencies as the primary component of the badge design in order to convey the authority granted to law enforcement officers on behalf of the president of the United States. Though the eagle is the most common motif used on official federal law enforcement badges, all designs incorporate the painstaking attention to detail and craftsmanship which has come to be expected from the most trusted badge producers.
Significant use of precious metals and alloys in the manufacture of federal law enforcement badges demonstrates the seriousness of the position being held by the federal agent. Though there are a number of approved manufacturers of federal law enforcement badges, each has its own unique pattern and engravings. Federal standards for the production of badges are implemented to guarantee that all badges reflect the authority of the agent carrying them. Even changes as minor as moving the placement of a dot on the seal from the current engraving pattern require approval from the federal agency to which the agent is a member.
It is not only the standardized aspect of federal law enforcement badge designs which require them to be taken seriously by the public. The Standardization of Federal Identity Cards and Badges sets forth a number of criteria for agency badges which must be met, including the size of the badge and the number of points on the star. The badges must also incorporate removable photo identification cards in a standard size. These criteria ensure a uniformity among federal badges regardless of the unique pattern, symbol or insignia on the face.
Commissioning and Authorization of Badges
While the scope and style of federal law enforcement badges for U.S. Immigration and Customs Enforcement Special Agents and other uniformed officers may vary apostille, all federal law enforcement officers are required to be authorized to carry and use their badge.
The basic requirements for issuances of the federal law enforcement officer’s badge are set forth in 18 U.S.C. § 3052. Broadly speaking, this authorizes agents, investigators, inspectors, officers, and other similar personnel being "included under the category of special agents of the Department of Justice, those specifically authorized to investigate, apprehend, and carry firearms," and "officers authorized by the Secretary of Homeland Security in the Department of Homeland Security who carry firearms, make arrests without warrant, or execute search warrants." These sections do list a few exceptions to the general authorization, as well .
With that being said, authority for the issuance of federal law enforcement officer badges is typically found in official agency regulations. For example, all badges used by DHS (and its sub-agencies such as ERO and ICE) are subject to the legal authority of 6 U.S.C. § 1132, which is the general authority of the DHS Secretary. However, the regulations of ICE and ERO specifically delegate the authority over when their officers may use badges to the Assistant Secretary for ICE and the Associate Director for the Enforcement and Removal Operations.
Other agencies have similar delegations of authority through their own internal regulations. For example, the regulations of the Department of Justice delegate the authority over the issuance and use of its badges to the head of each subdivision. This is similarly true for the various sections of the agencies under the Department of Homeland Security.
Issues and Controversies
In spite of the significant responsibility behind carrying a federal law enforcement badge, it has not proven immune from controversy. Issues of impersonation and counterfeiting of badges has plagued the industry from its earliest days. There have been instances of private individuals unlawfully procuring badges or creating unauthorized facsimiles. Even today, individuals use counterfeit badges to attempt to access sensitive information and areas.
Beginning in 1997, the U.S. Department of Justice formed a group comprised of FBI agents, U.S. Marshals, and various other federal agencies called the Badges and Credentials Interagency Working Group, as mandated by Congress. The group created a final report in 2000 that proposed various solutions for addressing the issues with federal law enforcement credentials. Among other things, the report recommended the adoption of a standard for a unique designation to be imprinted on each badge. The U.S. Department of Justice has adopted this standard, and all new federal law enforcement badges must have a designation number imprinted on the back, which will be listed in the internal database. The Badges and Credentials Interagency Working Group also recommended tampering-proof features for the badges that would be kept secret.
The investigation of the Badges and Credentials Interagency Working Group has in many ways paved the way for the development of tough anti-impersonation laws. For example, 18 U.S.C. §916, is a specific statute that deals with producing or selling a law enforcement badge, identification card, or credentials, outside of official channels. Many states have followed suit and have made impersonating a federal agent a crime. In fact, despite the fact that federal law requires a minimum of a 1-year prison sentence for offenders, many states have increased penalities in their states.
Collecting Badges and Their Valuation
Historically, the collection of federal law enforcement badges has comprised a small niche within the world of collecting. But as with most collecting, those who pursue federal badge collecting are driven by an intrinsic desire to add to their collections, rather than take a passive role and await guaranteed returns on investment. These collectors of federal badges are constantly examining and evaluating their options for acquiring new badges through online auctions, traditional auctions, and private sales. As with any collecting, it is always beneficial to consult an expert collector or dealer about valuation. But, even with the Internet, most federal badges, especially those that are collectible, remain under-recognized at auctions.
As with any collection, expert authentication of any non-manufactured items in order to establish value remains critical. Federal law enforcement badges are manufactured with a process that makes authentication more easily accomplished. An embossed or stamped serial number is generally the best way to authenticate a given badge. Generally , these numbers will be located on the back of the badge and will fall into the range of 1000 to 9000. You can use an eBay search to help yourself figure out if you’re seeing high or low numbers for any given badge. The earlier a given badge was made, the higher the serial number tends to be. But collectors need to be alert today, because many counterfeit badges are marked with legitimate-looking serial numbers, which are likely counterfeit as well.
Some of the more collectible of these federal badges have included the following: GAO, 181st Special Operations, MARSOC, SEAL Teams, and FBI (of course for fans of the "The Silence of the Lamb"). Some examples of popular agency badges have been the FBI, CIA, and any number of "team" badges from various branches of the armed services. In fact, there are some Team and Unit patches currently selling in the $15-$25 range on eBay.
