Theft and Property Crimes

Property Crimes Overview

• Property crimes involve depriving someone of the use or enjoyment of their property
• These crimes can cause physical or mental harm to the victim

Theft (Chapter 812, F.S.)

• A subject commits theft when they knowingly and unlawfully obtain or use someone's property.
• There also must be intent to deprive the victim of their right to the property, where they then take the property for their own use or someone else's use, who is not entitled to it
• Unlike robbery, theft lacks a direct person-to-person element
• "Property" is defined as anything of value, whether real, tangible, intangible, personal property, or a service
• "Services" are things of value resulting from labor or skill, such as repairs, professional services, transport.
• Additional examples of services are communication, lodging, admission to shows, or utilities
• Identity theft, fraud, property, funds, and other assets can be subjects of theft

Petit Theft Penalties

• Theft of property worth under $100, or value is unestablished, results in a 2nd-degree misdemeanor
• Theft of property worth between $100 and $750 results in a 1st-degree misdemeanor
• Any theft conviction after two prior theft convictions results in a 3rd-degree felony

Grand Theft Penalties

• Property theft of $750 or more is Grand Theft
• Grand Theft also applies to thefts of $100+ from a dwelling or enclosed area around a dwelling
• Grand theft is specified by statute, regardless of value
• Grand Theft is a felony, and can be 1st, 2nd, or 3rd degree

Additional Theft Considerations

• Theft committed by someone 65+ years old will be reclassified to a higher degree
• Businesses cannot hold someone criminally or civilly liable for false arrest, false imprisonment, or unlawful detention if the suspect refuses to pay for services

Responding to Theft

• Obtain a description of the stolen item, its value, the last time and place it was seen, and who discovered it was missing
• Contact the complainant, store manager, or loss prevention officer (LPO)
• Obtain a verbal statement
• Check if the suspect is still on the scene and try to obtain a statement from them
• Check for video footage
• Obtain witness statements
• Photograph the items before returning them
• Obtain a receipt or itemized list of stolen items

Retail Theft details

• Retail theft can happen when someone is working alone or with others to take merchandise/money/negotiable financial or legal documents
• Other common retail theft actions are altering or removing price tags, transferring merchandise between containers, or wheeling out a shopping cart
• Shoplifting, embezzlement, skimming cash registers, smash-and-grab attacks, hijacking of delivery trucks, quick-change artists, ag/services/construction site materials, all qualify as retail theft
• An arrest without a warrant is authorized, even if theft was not observed by the officer
• Possessing, using, or attempting to use anti-shoplifting or inventory control device countermeasures is a felony

Motor Vehicle Theft Procedures

• Victims are asked to describe the vehicle, show where it was parked, and provide the key
• Determine if a family member may have had access to the vehicle or had a key
• Look for broken glass or drag marks.
• Check with dispatch to see if the vehicle was towed for repossession
• Consult with business' exterior surveillance videos
• Determine proper ownership by querying DAVID
• Activate tracking devices if available
• Initiate a BOLO (Be On the Lookout) with the vehicle's description and VIN in FCIC/NCIC
• Consider civil matters like divorces, or if friends borrowed the car

Recovering Stolen Vehicles

• Look for signs of damage such as broken windows, a poorly attached license plate, scratched door locks, a punched-out hole below the door lock, a punched-out ignition, or a damaged steering column
• Notify dispatch to report the recovery to FCIC/NCIC and the owner
• Verify the VIN, license plate, engine number, hidden number, and component part numbers
• The VIN (Vehicle Identification Number) can be found on the driver’s side dashboard through the windshield or on the driver’s side doorjamb

Stolen Property & Dealing

• Dealing in Stolen Property occurs when someone sells, transfers, distributes, or disposes of stolen property, knowing or having reason to know it's stolen
• Dealing in Stolen Property is a 1st or 2nd degree felony
• The charge can apply if the suspect trafficked in/tried to traffic in property that they knew or should have known was stolen
• If the stolen property is located in a pawnshop, put a hold or seize it as evidence and collect a thumbprint and surveillance footage
• Commonly trafficked items are metals, electronics, jewelry, and firearms
• Someone may be charged with resisting if they resist reasonable efforts to recover property

Criminal Mischief (Chapter 806, F.S.)

• Criminal Mischief is defined as the willful/malicious destruction of someone else's property, where:
  • A suspect injured/damaged real or personal property;
  • The property injured belongs to the complainant;
  • The injury/damage was willful/malicious
• Vandalism or graffiti can be considered Criminal Mischief

Criminal Mischief Penalties

• Damage under $200 warrants a 2nd degree misdemeanor
• Damage between $200-$1000 warrants a 1st degree misdemeanor
• Damage of $1000+ warrants a 3rd degree felony
• Any prior convictions lead to a felony charge
• If the act occurs at a place of worship, it is a 3rd degree felony if the damage is over $200

Trespassing (Chapter 810, F.S.)

• Trespassing occurs when a suspect either:
  • Willfully enters or remains in a structure, conveyance, or property without being authorized, licensed, or invited; or
  • Willfully enters or remains on property after the owner asks them to leave or when a trespassing notice is posted; or
  • A suspect who has been authorized/licensed/invited is warned by an authorized person/owner/lessee to leave but refuses to do so ("trespassing after warning")
• An authorized person can be an owner, lessee, agent, or law enforcement officer (LEO) whose agency has written authorization to communicate an order to depart for public safety or welfare

Trespassing Related Crimes

• Entering and remaining after notice is communicated/posted equates to a misdemeanor
• It is a misdemeanor to remain or enter intending to commit another offense
• Remaining on the premises after LEO gave warning is a misdemeanor
• Refusal to leave residential property after directions from an LEO is a misdemeanor
• Trespassing on School Campus
• Someone not authorized/licensed/invited to a school campus is a misdemeanor
• An expelled/suspended student remaining on campus is a misdemeanor

Felony Trespassing

• Felonies - trespassing on a designated, posted, or specified locations
• Trespassing on Commercial Horticulture Property is a felony
• Trespassing on Agriculture Sites is a felony
• Entering a Construction Site is a felony.
• Trespassing in a Domestic Shelter is a felony
• Possessing a Firearm at trespassing is a felony
• Illegally entering the operational area of the airport with the intent to cause damage is a felony
• Launching a projectile on someone's land with the intent of harming is felony

Trespassing Procedure

• Interview involved persons
• Validate 'no trespassing' agreements
• Verify jurisdiction

Burglary (Chapter 810, F.S.)

• Burglary involves unlawfully entering a structure with the intent to commit a crime inside, needing at least two out of the following conditions:
  • The structure/conveyance was owned/possessed by the complainant
  • There was intent to commit a crime inside at the time of entering
  • The person entering was not licensed/invited, and the premises were not open to the public
• It is classified based on type of location, with dwelling burglaries being seen as more severe
• "Being somewhere you do not own without permission" is separate from:
  • Trespass, it is merely being there without permission
  • Robbery, as is taking property by force or fear
• Any damage caused is not typically criminal mischief because burglary is a lesser charge

Burglary Penalties & Enhancements

• A criminal mischief charge can be added to burglary if the suspect clearly and intentionally vandalizes
• Penalties may be enhanced if the suspect:
  • Commits assault or battery
  • Is armed
  • Uses a vehicle to cause damage to property
  • Causes damage of $1,000 or more
  • Burglarizes an occupied dwelling/structure/conveyance

Burglary Tools & Methods

• Burglary Tools: anything used to gain entry during a burglary
• "Tools" include screwdrivers, pliers, wrenches, pry bars, spark plugs, rocks, concrete blocks
• A suspect must intend to commit burglary or trespass, and possess tools to do so
• Methods of entry: include unlocked doors/windows, using a hidden key, removing hinge pins, breaking glass or kicking in a door, prying door/window frame,garage door/electronic decoder, or picking locks

Burglary Procedure

• Determine if it is actively happening, or delayed
• Obtain Victim Statement
• Explain scene preservation
• Check for security footage
• Establish a time frame
• Identify the entrance and exit areas
• Look for disturbed areas
• Obtain a list of the value of the items stolen
• Canvass

Archeological Site Regulations (Ch. 267, F.S.)

• Inform rangers if an incident occurs on site
• It is a misdemeanor to walk on a site removing objects
• It is a felony to dig for objects

White Collar Crimes Overview

• White Collar Crimes include Fraud, Forgery, and Uttering
• "Fraud" is intentionally acting false, meant to deny a person of something they are due
• Examples of fraud can be CC fraud, bank fraud, cashing a fraudulent check, identity theft

Identity In-Progress Fraud

• Forgery: altering, forging, or counterfeiting a public document with intentions to injure another being
• Uttering: to claim that checks and documents used are legitimate, when they are not, which is a 3rd degree felony

Fraud Check Procedure

• If the victim is the person who lost the funds and the complainant is the financial institution
• Respond by:
  • Asking if the suspect is on scene
  • Request suspect and vehicle details
  • Collect any altered documents
  • Retrieve witness statements
  • Request surveillance data
  • Relay information to the financial institute

Credit Card Fraud

• Credit Card Fraud: Using a card with malintent to steal someone's belongings without permission
• Skimming: To extract a customer's credit card information by a skimming device
• Victims fall under two brackets: issuing financial institution (merchant, name forged on card) or the card holder
• Using a card with malintent 3 times in 6 months, or above $100 becomes a felony
• Procedure:
  • Ask the victim if they are in possession of the card (obtain card number/exp date)
  • Create an incident report, with a case number given to the financial institute
  • Grant the opportunity of persual, whilst encouraging victims to set holds

Other Types of Fraud

• Telephone Scams:
  • Misrepresenting a bank or other instiutions
  • Using Voice over IP to create random numbers
• Phishing:
  • The act of making a false identity to gather someones personal information

Identity Theft

• Fraud and illegal uses of a persons information
• Personal Identification Information (PII): - SSN - DL or ID number - Permanent resident card/Passport - Employer/taxpayer ID number - Medicaid/food assistance number - Bank account number - Credit/debit card number - Medical records
• Procedure: - Determine jurisdiction - Evaluate how has the PII compromised - Ask if they want to prosecute - Encourage victims to report it with credit bereaus - Offer education material

Animal Cruelty

• An act of neglect that infringes any form of harm
• Indications of harm/abuse
• Can be caused by starvation, mange, collar issues, no medical attention, bad living conditions or lack of mobility
• Cruelty to animals is a misdemeanor, with penalties being overly loading animals, food deprivation, cruelty and unsafe carriage
• Aggravated cruelty is a more severe, as with intent of animal harm, which is a felony
• Procedure:
  • Collect information surrounding case/ownership
  • Contact the authorities
  • Preserve area to the best of your ability

Crimes Against Society begin (Loitering & Prowling)

• Loitering or Prowling is known to occur in a designated area for no discernible purpose, leading people to feel un safe
• Indicators: - Person is fleeing at the sight of LEO - Person is avoiding identifiers - Person is reluctant to specify their actions or actions
• Response Procedure - Investigate the subjects actions - Call for backup - If questioning, read Miranda warings - Let the person go if evidence is not apparent

Action Based Disturbances (Breach of Peace & Disorderly Conduct)

• Action that can be known to endanger personal safety in public zones.
• Such activities can be: - Corruption to morals - Outraging standards - Threatans public peace
• Disturbances can include affray, and Urinating in public place
• A space with freedom of access to other
• When on duty officers can not be victums

Intoxication Based Disturbances

• Disorderly Intoxication: - Public usage of intoxicated beverage, can be considered public disturbance - Inability to preform basic body functions
• The key difference between conduct, being the need for being intoxicated
• Procedure: - Call for backup - Remove distractions - Evaluate body functions & Intoxication states.

Open House Paries

• Gathering are only considered "illegal" if minors are consuming illegal substances.
• Procedure: Check for prior callouts, check intoxications and question both parties.

Illicit Drugs begin: (Prescription Drugs (Chapter 893, F.S.))

• The Florida Comprehensive Drug Prevention act allows and controls substance rules dependent on the state
• It is illegal to function under a abusive substance
• For the person in possesion, the person must contain ownership, access and be illicit

Possession, Trafficking

• Having complete management, is required when having physical and constructive drug charges
• Actual, refers when controlled substance is with the person
• Construction has accessible control of this

Paraphernalia

• If found, all material may face criminal charges
• Objects may include, items that grow, test, store and produce items to the body
• Procedure:
• Back up by requesting K-9 support
• Establish probable cause

Vice Crimes

• States Rights: Regulatation on alcohol, gambling and prostitution
• Alcohol Usage (Chapter 562 & 569, F.S.) A. Is an act of child endangerment, misdemeanor B. Possession, under misdemeanor
• Gambling, (Chapter 849, F.S.) Activities, the engaging in money exchange activities Examples: Bolita, animal fighting. Craps and dice Prostitution , (Chapter 796, F.S.)
• Contact DCF if under 18 years of age
• Seperate Sex Buyers & run FCIC/NCIC

Organized Crimes

• Illegal activities that exploit a system
• Actions can be:
• Structure
• Business
• Profits
• Common themes:Extortion & Laundering
• Actions enforced: RICO & Forfeiture