Criminal Law: Property Crimes and Burglary

Crimes Involving Property and Society

• Burglary: any damage caused by an unlawful entry, including kicking in a door or breaking a window, is not criminal mischief, but can be an additional charge if the suspect intentionally vandalizes the home.
• Statutory enhancements for burglary in Florida:
  • Committing assault or battery during a burglary
  • Being armed during a burglary
  • Using a vehicle to cause damage to the property
  • Causing more than $1,000 of damage to the property
  • The dwelling, structure, or conveyance was occupied at the time of the burglary
• Burglary tools: any object used to gain entry during a burglary, such as screwdrivers, pliers, or spark plugs, and can include methods of entry like unlocking doors and windows or using a hidden key.
• To document possession of burglary tools, the suspect must:
  • Intend to commit burglary or trespass
  • Have in their possession a tool, machine, or implement intended to be used in committing trespass or burglary

Responding to Crimes Involving Property and Society

• Responding to a violation of an archaeological site:
  • Secure and protect the scene
  • Notify a supervisor
  • Inform local, state, or federal park rangers of the incident and any recovered evidence
• Walking on an archaeological site and removing an object is a misdemeanor, while digging into the site to retrieve an object is a felony.

White-Collar Crimes

• White-collar crimes: fraudulent activities committed by individuals, business professionals, and government officials that do not involve physical force or violence.
• Fraud: the intentional falsification of the truth to induce another person or entity to part with something of value or to surrender their legal right to it.
• Examples of fraud:
  • Credit card fraud
  • Bank fraud
  • Cashing a fraudulent check
  • Identity theft
• Responding to credit card fraud:
  • File an incident report
  • Document evidence of the fraud

Breach of the Peace, Disorderly Conduct, or Disorderly Intoxication

• Responding to breach of the peace, disorderly conduct, or disorderly intoxication:
  • Use verbal de-escalation techniques to calm the involved persons
  • Separate the suspect from any witnesses
  • Call for backup or additional backup as necessary
  • Interview witnesses and collect statements
  • Document evidence of intoxication, such as slurred speech, bloodshot eyes, or staggered gait
• Determine if a crime actually occurred, or if the Marchman Act should be considered.

Open House Party

• Definition of an open house party: a social gathering at a residence that is legal unless minors consume alcohol or drugs.
• Elements of allowing an open house party:
  • The suspect is 18 or older
  • The suspect had control over the residence at the time of the party
  • The suspect allowed an open house party at the residence
  • The suspect allowed a minor to possess or consume alcohol or drugs at the residence during the party
  • The suspect knew that the minor possessed or consumed alcohol or drugs at the residence during the party

Controlled Substances

• Florida Comprehensive Drug Abuse Prevention and Control Act:
  • Schedules controlled substances based on medicinal value, harmfulness, and potential for abuse and addiction
  • Places controlled substances into one of five schedules
• The Drug Enforcement Administration (DEA) website provides information on controlled substances, including schedules, facts, and signs of use.
• Possession of a controlled substance:
  • The suspect knew that the illicit substance was present
  • The suspect exercised control or ownership over the substance
  • The suspect knew the substance was an illicit controlled substance
• Definition of possession:
  • Actual possession: the substance is in the hands of or on the suspect, or in a container in the hands of or on the suspect
  • Constructive possession: the suspect has control over the substance, but it is not in their immediate presence
  • Joint possession: multiple people have control over the substance

Drug Paraphernalia

• Definition of drug paraphernalia:
  • Equipment, products, and materials used or intended to be used to deliver an illicit drug
  • Includes items used to plant, manufacture, test, analyze, pack, store, or contain a controlled substance
• Examples of drug paraphernalia:
  • Pipes
  • Rolling paper
  • Straws
  • Spoons
• Possession of drug paraphernalia is a misdemeanor.

Types of Theft

• Repairs or improvements to property
• Professional services
• Private, public, or government communication, transportation, power, water, or sanitation services
• Lodging accommodations
• Admissions to places of exhibition or entertainment

Petit Theft

• Value of property stolen is 100ormore,butlessthan100 or more, but less than 100ormore,butlessthan750
• First-degree misdemeanor
• Becomes a third-degree felony if the person who commits petit theft has two or more convictions for any theft

Grand Theft

• Theft of property valued at $750 or more
• Theft of an item specified by statute, regardless of its value
• Theft of an item with a value of $100 or more from a dwelling or from the enclosed area of land surrounding a dwelling
• Can be a felony of first, second, or third degree

Theft of Services

• Obtaining food, lodging, or other accommodations with the intent to defraud
• Chapter 509, F.S. outlines the elements of this type of theft

Retail Theft

• Taking merchandise, money, or negotiable financial or legal documents
• Altering or removing a label or price tag
• Transferring merchandise from one container to another
• Removing a shopping cart with the intention of depriving the merchant of the items or their full retail value

Identity Theft

• Theft of an individual's identity, including personal and financial information
• Fraud, including credit card fraud and other types of fraud

Motor Vehicle Theft

• Theft of a vehicle, including cars, trucks, motorcycles, and other vehicles
• Responding to a motor vehicle theft involves determining the vehicle's ownership, querying DAVID for vehicle information, and activating any tracking devices

Burglary

• Unlawful entry into a dwelling, structure, or conveyance with the intent to commit a crime
• Can be a felony, with enhanced penalties for certain circumstances, such as assault or battery during a burglary, or causing more than $1,000 of damage to the property

Burglary Tools

• Any tool, machine, or implement used to gain entry during a burglary, including screwdrivers, pliers, wrenches, pry bars, and spark plugs
• Can also include rocks, concrete blocks, and other objects used to gain entry

Credit Card Fraud

• Unlawful use of a credit card to obtain property, goods, or services
• Includes unauthorized use of a credit card, using a credit card without the owner's authority, or using a false, fictitious, revoked, or expired credit card
• Can be a felony, with enhanced penalties for certain circumstances, such as fraudulent use of a credit card three times or more, or charging $100 or more on the victim's card

Responding to Fraudulent Incidents

• Documenting the incident, including the suspect's intentions and any tools or implements used
• Determining if a crime has been committed and following agency policies and procedures for requesting additional resources
• Asking the victim if they want to prosecute the suspect and documenting this in the incident report

Animal Cruelty

• Signs of animal abuse include starvation, parasites, lack of needed medical attention, and living conditions that include excess feces, garbage, or broken glass
• Chapter 828, F.S. outlines the elements of cruelty to animals
• Responding to an incident involving animal cruelty involves recognizing the signs of abuse and taking appropriate action to protect the animal and hold the offender accountable

Theft

• Theft occurs when a person knowingly obtains or uses another person's property with the intent to temporarily or permanently deprive the victim of their right to the property or any benefit from it
• Types of property that can be stolen include real property, tangible or intangible personal property, and services
• Services are anything of value that results from someone's physical or mental labor or skill

Key Elements of Theft

• Knowingly obtaining or using another person's property
• Intent to deprive the victim of their right to the property or any benefit from it
• Taking the property for one's own use or to the use of anyone not entitled to it

Robbery vs. Theft

• Robbery is a crime against a person, involving taking directly from another individual
• Theft is a property crime, lacking direct person-to-person element

Disorderly Conduct/Breach of Peace

• Occurs when a person's actions endanger the safety of another person or property in a public place
• Action must corrupt public morals, outrage public sense of decency, affect the peace and quiet of people who may witness it, or be a brawl or fight
• Freedom of speech protects individuals from arrest unless words incite a reaction that might create danger to others

Disorderly Intoxication

• Means losing normal control of one's body, mental faculties, or both due to substance consumption
• To establish disorderly intoxication, must document intoxication, endangered safety of another person or property, or public disturbance

Drug Trafficking

• Occurs when possession of controlled substances exceeds certain quantities or weights
• Examples include cannabis (25 pounds or 300 plants), cocaine (28 grams), hydrocodone (28 grams), methamphetamine (14 grams), MDMA (1 kilogram), oxycodone (30 kilograms), LSD (1 gram)
• Trafficking is a felony with a minimum mandatory prison sentence

Vice Investigations

• Involve undercover work and gathering information through intelligence, including confidential informants and surveillance operations

Gambling

• Includes playing or engaging in games of chance for money or other things of value
• Examples include bolita, dog or cock fighting, high-stakes card games, off-track betting, youth athletic events, and craps games
• Document that the suspect played or engaged in a game of chance at any place, by any device, for money or other things of value

Prostitution

• Often associated with adult entertainment venues, massage parlors, escort services, and certain internet dating services
• Street prostitutes tend to be located in particular geographical areas and truck stops
• Prostitution can involve human trafficking, especially with minors

Organized Crime

• Has a specific structure, usually hierarchical or paramilitary
• Involves both criminal businesses and legitimate, for-profit, or nonprofit businesses
• Provides a product or service in a particular market and rarely shares areas of crime or territory with other organized crime groups
• Characteristics include:
  • The loss of one source of income will not eliminate profits
  • Higher-level personnel are relatively insulated from liability
  • Business structure is designed to protect from infiltration and regulatory agencies
  • Members may attempt to intimidate or coerce witnesses and law enforcement
  • Can have a significant negative impact on the economy

Combating Organized Crime

• Methods include asset forfeiture, concentration on vice offenses, intelligence gathering, interagency cooperation, and prosecution under RICO

Responding to Theft

• A business operator and an officer following the terms of the statute cannot be held criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.
• When responding to a theft, contact the complainant, store manager, or loss prevention officer (LPO) upon arrival, obtain a verbal statement, and 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 and a crime has been committed, obtain a suspect statement before making the arrest, and 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, and notify the supervisor if making an arrest or needing more resources.

Retail Theft

• A business can be a victim of theft through shoplifting, embezzlement, skimming from cash registers or petty cash, smash-and-grab attacks, hijacking of delivery trucks or their cargo, quick-change artists, or theft of agriculture, services, or construction site materials.
• An officer can arrest someone for retail theft without a warrant even when the offense is not committed in their presence.
• Based on agency policies and whether there is a suspect, conduct a follow-up investigation, provide the victim with the appropriate victim brochures, and document this in the report.

Criminal Mischief

• The Florida Statutes enhance the penalties for criminal mischief based on the value of the property.
• Criminal mischief is a second-degree misdemeanor if the property damage is less than 200,afirst−degreemisdemeanorifthedamageisgreaterthan200, a first-degree misdemeanor if the damage is greater than 200,afirst−degreemisdemeanorifthedamageisgreaterthan200 but less than 1,000,andathird−degreefelonyifthevalueofpropertydamagedtotals1,000, and a third-degree felony if the value of property damaged totals 1,000,andathird−degreefelonyifthevalueofpropertydamagedtotals1,000 or more.
• If the suspect has one or more prior convictions for criminal mischief, a subsequent offense is a felony, regardless of the amount of damage.
• Any person who willfully and maliciously damages any place of worship or religious article is guilty of a third-degree felony if the damage is over $200.

Trespassing

• Trespassing occurs when a person willfully enters or remains in a structure, conveyance, or property without being authorized, licensed, or invited.
• Trespassing also occurs when a person willfully enters or remains in a property after the owner tells them to leave or when a trespassing notice is posted.
• A person authorized means an owner or lessee, or their agent, or any law enforcement officer whose agency has received written authorization from the owner, lessee, or their agent.

Credit Card Fraud

• Ask the complainant if they are still in possession of the card and document this in the report.
• Obtain the card number and expiration date on the card, determine if a crime actually occurred, and explain to the victim that although the purchases may have been made out of state, an incident report will be filed, 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 the incident report.
• Encourage the complainant to contact their financial institution and place a hold on any more transactions to the account, and to contact a credit bureau to notify them of the fraud.

Telephone Scams

• Be aware that the true location and identity of the user can easily be hidden when responding to an incident involving digital communication, such as phone calls, emails, or text messages.
• Modern internet-based applications, such as Voice over Internet Protocol (VoIP) services, allow users to create a phone number and use it anywhere in the world where they can connect to the internet.

Loitering or Prowling

• When responding to loitering or prowling, call for backup before making the initial contact, take a few minutes to observe the person, and be respectful and give them an opportunity to identify themselves and explain their presence and conduct.
• Remember that the person is free to leave at any point during a consensual encounter, and unless there is probable cause of some other offense, if the person voluntarily explains their presence and conduct, and the explanation eases your alarm, release them without charge.

Breach of the Peace, Disorderly Conduct

• Breach of the peace or disorderly conduct includes brawling, fighting, or an affray, and urinating in public is also disorderly conduct.
• An affray occurs when someone consents to fight with another person to terrorize other people in a public place.

Organized Crime

• An organized crime operation has a specific structure, usually hierarchical or paramilitary, and provides a product or service in a particular market.
• The operation rarely shares areas of crime or territory with other organized crime groups, and the loss of one source of income will not necessarily eliminate its profit.
• The higher-level personnel of the organization are relatively insulated from liability, and the business structure is designed to protect them from infiltration by law enforcement and regulatory agencies.
• Members of the organization will attempt to intimidate or coerce witnesses and members of law enforcement and the judicial system, and organized crime promotes public corruption, street crime, and gang activity, and can have a significant negative impact on the economy.

Motor Vehicle Theft

• A person may borrow a friend's vehicle and not return it, which may be a civil matter.
• When investigating a suspicious vehicle, look for signs of stolen vehicles such as broken side and vent windows, poorly attached license plate, or scratched door locks.
• Verify the vehicle's identity using the VIN, license plate number, engine number, hidden number, or component part numbers.
• If a stolen vehicle is recovered, notify dispatch to report the recovery to FCIC/NCIC and to the vehicle owner.

Responding to Stolen Property

• When responding to an incident involving stolen property, document that the suspect trafficked in or tried to traffic in property that the suspect knew or should have known was stolen.
• If the sale price for property is substantially below the fair market value, the property may be stolen.
• Dealing in stolen property is a first- or second-degree felony.
• If a victim locates their stolen property in a pawnshop, put a hold on the item or seize it as evidence.
• Get information on the suspect from store personnel and obtain the store video surveillance, if available.

Burglary

• Burglary is one of the most frequent crimes to investigate.
• When arriving at the scene of a burglary, determine if the burglary is in progress or delayed.
• If the burglary is in progress, notify the supervisor, call for backup, set a perimeter, and request additional resources.
• If the burglary is not in progress, obtain a statement from the victim, conduct a walk-through with the victim, and secure the crime scene.
• If video footage of the incident provides a description of a suspect, and the burglary occurred within the past several hours, immediately contact dispatch to initiate a BOLO.

Responding to Archaeological Site Violations

• Chapter 267, F.S., outlines the elements of prohibited practices on archaeological sites.
• If you believe a crime was committed, secure and protect the scene, notify a supervisor, and inform local, state, or federal park rangers of the incident and any recovered evidence.
• It is a misdemeanor to walk on an archaeological site and remove an object, and it is a felony to dig into the site to retrieve an object.

White-Collar Crimes

• White-collar crimes refer to a range of frauds committed by individuals, business professionals, and government officials.
• These crimes do not involve a threat of physical force or violence but rather dishonesty, cover-up, or abuse of trust.
• Examples of fraud include credit card fraud, bank fraud, cashing a fraudulent check, and identity theft.

Responding to Fraud

• When responding to a fraud incident, consider calling for backup, as these types of incidents pose officer safety issues, and can have a crime scene that needs to be searched.
• Begin the initial investigation by interviewing the suspect, getting consent to search from the suspect or establishing probable cause for a search.
• Follow basic crime scene processes for the recovery of any evidence.

Vice Crimes

• Vice crimes include offenses such as alcohol and tobacco violations, gambling, and prostitution.
• Alcohol and tobacco violations are the vice crimes that most frequently involve people younger than 21.
• Chapters 562 and 569, F.S., state that any adult that provides someone younger than 21 with alcohol or tobacco commits a misdemeanor.
• Possession of alcohol or tobacco by someone younger than 21 is also a misdemeanor.

Responding to Prostitution

• Chapter 796, F.S., outlines the elements of prostitution.
• Prostitution is often associated with adult entertainment venues, massage parlors, escort services, and certain internet dating services.
• Street prostitutes tend to be located in particular geographical areas and truck stops.
• Prostitutes may be victims of human trafficking, especially if they are younger than 18.
• If the person is younger than 18, the law requires that you take them into custody and contact DCF.