Criminal Investigation: Theft and Property

Theft

• Repairs or improvements to property, professional services, and private/public/government services can be considered theft.
• Lodging accommodations, admissions to places of exhibition or entertainment, and communication services can also be considered theft.
• If the value of the stolen property is 100ormore,butlessthan100 or more, but less than 100ormore,butlessthan750, it is considered a first-degree misdemeanor of petit theft.
• If the person who commits petit theft has two or more convictions for any theft, it becomes a third-degree felony.
• Theft of property valued at less than $100, or if the value of the property cannot be established, is a second-degree misdemeanor.
• Grand theft involves the theft of an item with a value of $750 or more, or the theft of an item specified by statute regardless of its value.
• Grand theft can be a felony of first, second, or third degree.
• Theft also includes identity theft and fraud.
• Florida law reclassifies theft to a higher degree if the victim is a person 65 or older.

Responding to a Theft

• Contact the complainant, store manager, or loss prevention officer upon arrival.
• Obtain a verbal statement to determine if a crime has been committed.
• Ask if there is any video of the incident and if the suspect is still on the scene.
• Identify any other witnesses and review surveillance videos.
• If the suspect is on the scene, obtain a suspect statement before making the arrest.
• Follow the principles of procedural justice when interacting with the suspect.
• Try to obtain official witness statements.
• Photograph the items before returning any stolen property.
• Obtain a receipt or itemized list of items stolen to document their value.

Retail Theft

• A business can also be a victim of theft through shoplifting, embezzlement, or skimming from cash registers or petty cash.
• You can arrest someone for retail theft without a warrant even when the offense is not committed in your presence.

Dealing in Stolen Property

• Metals, electronics, jewelry, and firearms are commonly trafficked stolen items.
• When a person sells, transfers, distributes, or otherwise disposes of stolen property knowing or having reason to know that the property is in fact stolen, this person commits the crime of dealing in stolen property.

Criminal Mischief

• Criminal mischief is the willful and malicious destruction of property belonging to another person.
• It can include injury or damage to property, such as graffiti or other acts of vandalism.
• Document that the suspect injured or damaged real or personal property, and that the property belonged to the complainant.
• Photograph the damage for your report.

Trespassing

• A person can be guilty of trespassing in several ways, including:
  • Entering and remaining on a property after being directed to leave by law enforcement.
  • Entering and remaining on a property with the intent to commit another offense.
  • Refusing to leave a residential property after being directed to do so by law enforcement.
  • Entering and remaining on a school campus without legitimate business to be there.
• Some trespassing offenses are felonies, including:
  • Trespassing on a designated, posted commercial horticulture property.
  • Trespassing on a designated, posted agriculture site for testing and research.
  • Trespassing on a designated, posted agricultural chemical manufacturing facility.
  • Trespassing on school property while in possession of a firearm or weapon.
  • Trespassing on a designated, posted domestic violence shelter.

Credit Card Fraud

• Ask the complainant if they are still in possession of the card and document this in your report.
• Obtain the card number and expiration date on the card.
• Determine if a crime actually occurred.
• Explain to the victim that although the purchases may have been made out of state, you will file an incident report, which will provide a case number for them to submit to their financial institution.
• Ask the victim if they want to prosecute the suspect when identified and document this in your incident report.

Telephone Scams

• Some phone or email solicitors misrepresent a bank, government agency, or relative and threaten to arrest the victim should they refuse to pay a fictitious debt or provide money to bail someone they know out of jail.
• When responding to an incident involving any form of digital communication, be aware that the true location and identity of the user can easily be hidden.
• Modern internet-based applications, such as Voice over Internet Protocol (VoIP) services, allow someone to create a phone number and use it anywhere in the world where they can connect to the internet.