Unit 1: Property Crimes Lesson 1: Theft PDF

8 Unit 1: Property Crimes Lesson 1: Theft Lesson Goal At the end of this lesson, you will know how to respond to an incident involving petit or grand theft and incidents involving a stolen vehicle or property. Think About This Lynda was sitting on a bench at...

8 Unit 1: Property Crimes Lesson 1: Theft Lesson Goal At the end of this lesson, you will know how to respond to an incident involving petit or grand theft and incidents involving a stolen vehicle or property. Think About This Lynda was sitting on a bench at the bus stop. She placed her purse on the seat next to her and got distracted by some loud teenagers across the street. Eric walked behind the bench she was sitting on and lifted her purse off the bench and ran away. What crime did Eric commit? People commit crimes involving property to interfere with or obtain money, property, or some other ben- efit from a victim. The primary result is to deprive someone of the use or enjoyment of their property. The secondary result can involve physical or mental harm to the victim. Theft Chapter 812, F.S., outlines the elements of theft. Theft occurs when a person: knowingly obtains or uses, or tries to obtain or to use, the property of another commits such actions with the intent to, either temporarily or permanently, deprive the victim of their right to the property or any benefit from it takes the property for their own use or to the use of anyone not entitled to it Do not confuse robbery with theft or burglary, which are property crimes. Robbery is different from theft or burglary. Robbery is a crime against a person, because it involves some sort of taking directly from another individual. By contrast, theft (and burglary) are property crimes, and lack this direct person-to-person element. ; LE811.1. Determine if an incident is theft Chapter 8 Crimes Involving Property and Society / 327 Property can be anything of value and includes 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. This includes: repairs or improvements to property professional services private, public, or government communication, transportation, power, water, or sanitation ser- vices lodging accommodations admissions to places of exhibition or entertainment Even though the victim of a theft may not be present at the time of the incident, they can provide informa- tion helpful to the investigation, such as a description of the stolen property, including unique characteris- tics or serial numbers. The victim can also tell you the value of the item and the last time and place they saw it. They may know who discovered that the item was missing and if there were any witnesses to the theft. If the value of property stolen during a theft is $100 or more, but less than $750, the offense is a first- degree misdemeanor of petit theft; if the person who commits petit theft has two or more convictions for any theft, the crime 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, the theft of an item specified by statute regardless of its value, or the theft of an item with of a value of $100 or more from a dwelling or from the enclosed area of land surrounding a dwelling. Grand theft can be a felony of first, second, or third degree. Theft also includes identity theft and fraud, not just theft of property, funds, or assets. Florida law reclassifies theft to a higher degree if the victim is a person 65 or older. Chapter 509, F.S., outlines the elements of the theft of obtaining food, lodging, or other accommodations with the intent to defraud. This occurs when a person orders and eats a meal in a restaurant or occupies a room in a public lodging establishment, and then refuses to pay. When a business operator and an officer follow the terms of this statute, the court cannot hold either criminally or civilly liable for false arrest, false imprisonment, or unlawful detention. ; LE811.2. Determine if an incident is obtaining food or lodging with the intent to defraud Respond to a Theft Contact the complainant, store manager, or loss prevention officer (LPO), 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, and you determine that a crime has been committed, obtain a suspect statement before making the arrest. Remember to 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. 328 / Florida Basic Recruit Training Program (LE): Volume 1 Notify your supervisor if you are making an arrest or if you need more resources, such as a crime scene unit or EMS. Call for backup if the suspect becomes belligerent or violent, or if there are multiple suspects related to theft rings. If a detective responds, brief them on the incident. Contact dispatch to initiate a BOLO if the suspect flees the scene. A backup officer may assist with recovering and photographing evidence and obtaining an itemized list of stolen property. ; LE811.3. Describe how to respond to a theft Retail Theft A business can also 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. You can arrest someone for retail theft without a warrant even when the offense is not committed in your presence. Retail theft involves someone working alone or conspiring with others to: take merchandise, money, or negotiable financial or legal documents alter or remove a label or price tag transfer merchandise from one container to another remove a shopping cart, with the intention of depriving the merchant of the items or their full retail value ; LE811.4. Determine if an incident is retail theft It is a felony to possess, use, or attempt to use an anti-shoplifting or inventory control device counter mea- sure to defeat the security scanner. The operator of the facility or a law enforcement officer with probable cause can take the suspect into cus- tody in a reasonable manner and for a reasonable amount of time for recovering the value of the property, or for prosecution. Respond to a Motor Vehicle Theft Ask the victim to describe the vehicle, to show you where they parked the car, and if they have their car key. Determine if a family member may have a key or may have taken the vehicle. Look for broken glass where the car was parked or for drag marks that indicate a vehicle may have been towed. Call dispatch to find out if the vehicle was towed for repossession. If the vehicle was parked outside a business and not listed in a tow log, ask to view the exterior surveillance videos. If you conclude that the vehicle was stolen, determine its proper ownership, and query DAVID to obtain vehicle information. Activate any tracking devices that the vehicle may have. Contact dispatch to initiate a BOLO. Give dispatch the license plate number, a description of the vehicle, including any dents or special identifiers, and the VIN to enter into FCIC/NCIC. Chapter 8 Crimes Involving Property and Society / 329 Sometimes during a domestic dispute involving separated or divorced people, one of them may take a vehicle. Exercise caution in cases where the complainant and suspect both claim ownership of the vehicle. A person may borrow a friend’s vehicle and not return it to the owner. These may be civil matters. Follow your agency policies and procedures for dealing with these types of situations. ; LE811.5. Describe how to respond to a motor vehicle theft Respond to a Recovery of a Stolen Vehicle There are times when you investigate a suspicious vehicle. Stolen vehicles may have broken side and vent windows, a poorly attached license plate, or scratched door locks. There may be a punched-out hole below the door lock, a punched-out ignition, or a damaged steering column. If you recover a stolen vehicle, notify dispatch so that they can report the recovery to FCIC/NCIC, as well as to the vehicle owner. If you suspect that a vehicle is stolen, verify the vehicle by the VIN, license plate number, engine number, hidden number or component part numbers, or other identifying characteristics. The VIN plate on most domestic and for- eign cars is on the driver’s side dashboard, seen through the windshield, or on the driver’s side doorjamb. ; LE811.6. Describe how to respond to an incident involving recovering a stolen vehicle Respond to a Stolen Property Incident When responding to dealing or trafficking in 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 prop- erty 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. People dealing in stolen property sometimes do so under false names. Pawnshops require a thumbprint on the transaction sheet, which you can collect as evidence. Obtain the store video surveillance, if available. Often a detective will conduct a follow-up investigation on these types of crimes. ; LE811.7. Describe how to respond to a stolen property incident 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. ; LE811.8. Determine if an incident is dealing in stolen property If you have probable cause to believe that a suspect stole an item, and the suspect resists reasonable ef- forts to recover the property, charge the suspect with resisting in addition to theft. 330 / Florida Basic Recruit Training Program (LE): Volume 1  Unit 1: Property Crimes 8 Lesson 2: Criminal Mischief, Trespassing, and Burglary Lesson Goal At the end of this lesson, you will know how to respond to an incident involving criminal mischief, trespassing, or burglary, and how the Florida Statutes can enhance the penalties. Think About This A neighbor is watching a home while the owners are away on vacation. Dispatch sends you to the house after the neighbor reported that graffiti appeared on the garage door overnight. While interviewing the neighbors, you learn that a group was seen outside the home the night before. What crime has been com- mitted? Criminal Mischief Criminal mischief is the willful and malicious destruction of property belonging to another person. As outlined in chapter 806, F.S., it can include injury or damage to property, such as graffiti or other acts of vandalism. For criminal mischief, document that: the suspect injured or damaged real or personal property the property belonged to the complainant the injury or damage was willful and malicious Photograph the damage for your report. Conduct a neighborhood canvass to gather information about the suspects. Based on your 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 your report. ; LE812.1. Determine if an incident is criminal mischief The Florida Statutes enhance the penalties for criminal mischief based upon several factors, including the value of the property. Criminal mischief is a second-degree misdemeanor if the property damage is less than $200. It is a first-degree misdemeanor if the damage is greater than $200 but less than $1,000. The crime is a third-degree felony if the value of property damaged totals $1,000 or more. Chapter 8 Crimes Involving Property and Society / 331  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. ; LE812.2. Describe statutory enhancements associated with criminal mischief Trespassing Trespassing, as outlined in chapter 810, F.S., occurs when a person: willfully enters or remains in a structure, conveyance, or property, without being authorized, licensed, or invited willfully enters or remains in a property after the owner tells them to leave or when a trespassing notice is posted having been authorized, licensed, or invited, a person is warned by the owner or lessee of the premises, or by a person authorized by the owner, to depart and the person refused to do so In trespassing, a person authorized means an owner or lessee, or their agent, or any law enforcement of- ficer whose agency has received written authorization from the owner, lessee, or their agent, to communi- cate an order to depart the property in the case of a threat to public safety or welfare. ; LE812.3. Determine if an incident is trespassing Based on the location or intent, a person can be guilty of trespassing in several ways. These trespassing offenses are misdemeanors when the following applies: A notice against entering or remaining is communicated or posted and a person disregards it. Someone enters and remains on a property and intends to commit another offense. Someone stays on the premises after law enforcement gave them a warning. A transient person living in a residential property refuses to leave after law enforcement directed them to, even if the officer has a sworn affidavit from the property’s owner. Someone is not authorized, licensed or invited to enter or stay on a school campus. A student who is suspended or expelled enters or stays on a school campus or any other campus the school owns. Someone is on a school campus without legitimate business to be there. These trespassing offenses are felonies: trespassing on a designated, posted commercial horticulture property trespassing on a designated, posted agriculture site for testing and research 332 / Florida Basic Recruit Training Program (LE): Volume 1  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 launching a projectile (using a firearm, bow, or crossbow) across someone else’s land with the intent of taking or killing an animal entering and remaining on a designated, posted construction site trespassing on a legally posted operational area of an airport with the intent to injure a person, damage property, or impede operations ; LE812.4. Describe additional types of trespassing based on the location and intent Respond to Trespassing Interview the complainant, property owner, person authorized to act on behalf of the owner, witnesses, and the suspect. Determine if there is posting on the property that clearly designates no trespassing on private property; photograph this if needed. Determine if there are any valid trespassing agreements in place that allow you to arrest a suspect for trespassing. Make sure that you have jurisdiction, as property can expand into other private or public property; for ex- ample, someone could be walking on the beach and be accused of trespassing on private property. ; LE812.5. Describe how to respond to trespassing Burglary Burglary is the unlawful entry into any structure with the intent to commit a crime inside. Chapter 810, F.S., outlines the elements of burglary and classifies burglaries according to the type of location entered, such as a dwelling, structure, or conveyance. Penalties are more severe for a dwelling than a structure or conveyance. For burglary, document that the suspect did at least two of the following: entered a structure or conveyance owned by or in the possession of the complainant at the time of entering the structure or conveyance, had the intent to commit a crime in that structure or conveyance was not licensed or invited to enter the structure or conveyance, and the premises were not open to the public at the time of the entering ; LE812.6. Determine if an incident is burglary Trespassing involves being somewhere you do not own without the owner’s permission. Burglary also in- volves being somewhere you do not own without the owner’s permission, but with the intention to commit another crime, such as theft. Recall that robbery involves taking property from someone by force or fear. Chapter 8 Crimes Involving Property and Society / 333 People will often tell you that they have been robbed when they were not at home; however, they have been burglarized. Generally, any damage caused as the result of an unlawful entry, such as kicking in a door or breaking a window, is not criminal mischief, as that is a lesser offense. However, when the suspect clearly and inten- tionally vandalizes the home during a burglary, an additional charge of criminal mischief can apply. ; LE812.7. Differentiate between trespassing, burglary, and criminal mischief The Florida Statutes enhance the penalties for burglary when: the suspect commits assault or battery during a burglary the suspect is armed the suspect uses a vehicle to cause damage to the property the suspect causes more than $1,000 of damage to the property the dwelling, structure, or conveyance was occupied at the time of the burglary ; LE812.8. Describe statutory enhancements associated with burglary Burglary tools may include screwdrivers, pliers and wrenches, pry bars, or spark plugs but can also be anything used to gain entry during a burglary, such as a rock or concrete block. Burglars may use several methods of entry, such as entering through unlocked doors and windows or using a hidden key, removing hinge pins, breaking glass, or kicking in the door. Other techniques include prying a door or window frame, slipping, pulling, or picking the lock, or using a bump key—a key in which the suspect has cut the pin posi- tions to the lowest level so that striking it at just the right moment will “bump” open the lock. Burglars may also use a garage door opener or electronic decoder for keyless entries. For possession of burglary tools, document that the suspect: intended to commit burglary or trespass had in their possession a tool, machine, or implement they intended to use in committing tres- pass or burglary ; LE812.9. Determine if an incident is possession of burglary tools Respond to Burglary Burglary is one of the crimes that you will investigate most frequently. When you arrive at the scene of a burglary, determine if the burglary is in progress or delayed (occurred in the past). If the burglary is in prog- ress, notify your supervisor, call for backup, set a perimeter, and request additional resources. If the burglary is not in progress, obtain a statement from the victim. Call for backup if indicated in your agency’s policies and procedures. Conduct a walk-through with the victim. Tell the victim how important it is to preserve any evidence and secure the crime scene. Should video footage of the incident provide a description of a suspect, and the burglary occurred within the past several hours, immediately contact dispatch to initiate a BOLO. Agency policies will dictate if you will process the crime scene or additional 334 / Florida Basic Recruit Training Program (LE): Volume 1 resources will conduct the follow-up investigation. If a detective will respond, maintain the scene and start a crime scene log, which you will learn about in Chapter 9. Establish the time frame for the incident, ask the victim when they left the building and when they re- turned. Determine the entry and exit points the burglar used, and note any disturbed areas and possible evidence for processing. Obtain detailed information from the victim, such as the description and value of any items taken. Remember to obtain serial numbers, owner-applied numbers, or special identifiers. Refer to the basic investigation flow chart for investigating this crime and consider conducting a neighborhood canvass. Backup officers may secure the scene, conduct an area canvass, and assist in processing the scene for evidence. ; LE812.10. Describe how to respond to a burglary Protecting Archaeological Sites Chapter 267, F.S., outlines the elements of prohibited practices on archaeological sites. You may respond to a call concerning a violation of an archaeological site and will need to assess the scene. 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; it is a felony to dig into the site to retrieve an object. ; LE812.11. Describe how to respond to a violation of an archaeological site Chapter 8 Crimes Involving Property and Society / 335 8 Unit 1: Property Crimes Lesson 3: White-Collar Crimes Lesson Goal At the end of this lesson, you will know how to respond to a variety of financial crimes, such as fraud, telephone scams, phishing, and identity theft. Think About This You respond to a call from dispatch involving an older man who claims he was robbed. When you arrive on the scene, Tom is standing in the doorway with his bank statement in his hand. He is extremely upset and claims that all of his money is gone. He tells you that someone has been using his debit card to make pur- chases in Nevada, he has never been to Nevada, and now he doesn’t have any money. What actions should you take? The expression white-collar crime refers to a range of frauds committed by individuals, business profes- sionals, and government officials. These crimes do not involve a threat of physical force or violence but rather dishonesty, cover-up, or abuse of trust. Fraud Fraud is the intentional falsification of the truth to induce another person or other entity to part with something of value or to surrender their legal right to it. Current forms of fraud can include credit card fraud, bank fraud, cashing a fraudulent check, and identity theft. Officers will most often respond to a de- layed credit card fraud and file an incident report. Occasionally, you may respond to an in-progress incident of a fraudulent check, fraudulent use of a credit or gift card, or someone using counterfeit funds. ; LE813.1. Describe the different types of fraud In-Progress Fraud Forgery and Uttering There are two aspects of forgery: forgery and uttering a false instrument. Forgery is altering, forging, or counterfeiting a public record, certificate, legal document, bill of exchange, or promissory note, with intent to injure or defraud someone. Uttering is knowingly exhibiting or publishing a document or attempting to cash a check by claiming the check and the endorsement are real. Uttering a false, forged, or altered record, deed, or other instrument with the intent to injure or defraud someone is a third-degree felony under Florida law. 336 / Florida Basic Recruit Training Program (LE): Volume 1 The most common types of forgery an officer may encounter are forged signatures or endorsements on a check, use of a fictitious name, and forgery by altering the signature. Chapter 831, F.S., outlines the ele- ments of uttering forged bills, checks, drafts, or notes. ; LE813.2. Differentiate between forgery and uttering Fraudulent Check The victim is the person from whom the funds were drawn. Before or right after arriving, ask the complain- ant if the subject is on the scene and get a subject and vehicle description, as they may pass you when exiting the bank or business. If the suspect is present, call for backup if necessary. If the suspect is not on the scene, collect the altered financial or legal document that was uttered and pro- cess it as evidence. Photograph the front and back of the document for your incident report. Interview any witnesses, such as the teller, clerk, or manager, and obtain a statement. Ask for a copy of the surveillance video, immediately view it, if possible, to identify a suspect, and contact dispatch to initiate a BOLO. Deter- mine if a crime has been committed and follow your agency policies and procedures regarding requesting additional resources, such as a detective. Ask the complainant or victim if they want to prosecute the sus- pect when identified and document this in your incident report. You may take the initial complaint for these types of incidents; however, an economic crime investigator typically investigates fraud. ; LE813.3. Describe how to respond to a fraudulent check incident Credit Card Fraud The elements of fraudulent use of a credit card are outlined in chapter 817, F.S. Credit card fraud is the unlawful use of a credit card to obtain property, goods, or services. This includes unlawful or unauthorized use of information to obtain credit by using any false, fictitious, revoked, or expired credit card, credit card number, or other credit device, or using any credit card without the owner’s authority. Suspects will fraudulently obtain and use debit or credit cards through falsified applications, burglary, theft, or robbery. A thief can also solicit a credit card number by calling unaware victims or by retrieving information on hotel room key cards. Skimming is the act of extracting a customer’s credit card information by using a skimming device. The skimmer attaches to a point of sale device and stores the customer’s information as the payment is pro- cessed. More sophisticated skimmers can be wireless. It is a felony if a suspect fraudulently uses a victim’s credit card within a six-month period, three times or more, or charges $100 or more on the victim’s card. ; LE813.4. Determine if an incident is credit card fraud The primary complainant for most credit card offenses is the account holder. The primary victim of the theft is the issuing financial institution. Other victims may include the merchant where the credit card was fraudulently used and the person whose name was forged on the card. Chapter 8 Crimes Involving Property and Society / 337 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. You may take the initial complaint for these types of incidents; however, an economic crime investigator typically investigates fraud. Ask the victim if they want to prosecute the suspect when identified and document this in your incident report. Encourage the complainant to contact their financial institution and place a hold on any more trans- actions to the account, and to contact a credit bureau to notify them of the fraud. Your agency may have educational material for these victims regarding how to prevent becoming a victim in the future. ; LE813.5. Describe how to respond to credit card fraud Telephone Scams Some phone or email solicitors misrepresent a bank, government agency, or relative and threaten to ar- rest 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, such as phone calls, emails, or text messages, be aware that the true location and identity of the user can easily be hidden. By using modern internet-based applications, a phone number can quickly and easily be created to represent a spe- cific area regardless of where the user is actually located. Voice over Internet Protocol (VoIP) services are one example of a modern communication method, which allows someone to create a phone number and use it anywhere in the world where they can connect to the internet. ; LE813.6. Determine if an incident involves a telephone scam Phishing Phishing uses fake digital communication that mirrors a legitimate business to obtain personal and financial information from unsuspecting victims. Suspects use this information to steal identities, bank accounts, or credit availability. When examining any internet-based communication, consider that a suspect can hide their true identity by using an internet connection publicly offered by a coffee shop or a victim’s unsecured (not password protected) network. In that case, the internet protocol (IP) address the suspect used will belong to an un- related, innocent party. Because of the unique considerations and details associated with investigating digital communications, consult with the appropriate division within your agency before taking any action based solely on a digital communication. ; LE813.7. Determine if an incident involves phishing 338 / Florida Basic Recruit Training Program (LE): Volume 1 Identity Theft Identity theft is the unlawful possession or use of a person’s identifying information to commit acts of fraud, such as apply for credit or loans, acquire services, establish or take over accounts, and commit crimes. ; LE813.8. Describe the information used in identity theft You may take the initial complaint for this type of incident; however, a detective typically investigates iden- tity theft. Determine if you have jurisdiction based on whether the victim is a resident of your jurisdiction or if the fraudulent activity occurred in your jurisdiction. Ask the victim if they have any idea how their identity may have been compromised. If the crime occurred outside of your jurisdiction, file an incident report to provide a case number for documentation purposes and to allow for a subsequent investigation. Ask the victim if they want to prosecute the suspect if identified and document this in your incident report. Encourage the victim to contact their financial institutions and at least one of the major credit bureaus to notify them of the identity theft. Provide any educational material your agency might have regarding how to prevent further victimization. Your agency may have a Florida Identity Theft Victim Kit to provide to the victim. ; LE813.9. Describe how to respond to identity theft Chapter 8 Crimes Involving Property and Society / 339 8 Unit 1: Property Crimes Lesson 4: Animal Cruelty Lesson Goal At the end of this lesson, you will know how to respond to an incident involving animal cruelty. Think About This Dispatch received a call regarding a report of a dog that appears to be malnourished and is tied up in a backyard on a short leash. When you arrive at the home, the neighbor reports that the homeowners moved out a week ago. They have not seen anyone provide food or water for the dog since they left. How will you respond to this incident? Recognize Animal Cruelty Signs of animal abuse can include: starvation parasites, mange a collar that is too tight or heavy, causing strangulation or death lack of needed medical attention lack of adequate shelter living conditions that include excess feces, garbage, broken glass inappropriate size cage for the animal to stand up and turn around weakness, limping, or the inability to walk properly Chapter 828, F.S., outlines the elements of cruelty to animals. Document that the suspect committed a misdemeanor cruelty to animals by: unnecessarily overloading, overdriving, or tormenting an animal depriving an animal of necessary food or shelter unnecessarily mutilating or killing any animal, or causing the same to be done carrying in or on a vehicle any animal in a cruel or inhumane manner A person who intentionally commits an act to any animal, or a person who owns or has the custody or control of any animal and fails to act, which results in the cruel death, or excessive or repeated infliction 340 / Florida Basic Recruit Training Program (LE): Volume 1 of unnecessary pain or suffering, or causes this to be done, commits aggravated animal cruelty. In Florida, aggravated animal cruelty is a felony. The elements of fighting or baiting animals include breeding, training, and promoting any rooster or other bird, canine, bear, or other animals for the purpose of fighting. ; LE814.1. Determine if an incident is animal cruelty Respond to Animal Cruelty After determining that a crime occurred, conduct a neighborhood canvass to get information about the abuse and animal ownership. Call animal control to help in the investigation and to transport the animal to a veterinary hospital for medical treatment. If you are unsure if the incident is animal cruelty, animal con- trol or a veterinarian can help determine that. If the animal is abandoned, animal control should remove the animal. If the animal is not abandoned and you have established ownership, request additional assistance to de- termine if the incident involves animal cruelty. If there is a clear case of animal cruelty, follow your agency policies and procedures for removing the animal. Photograph the animal, the surrounding area, and condi- tions you found the animal in, and include this information in your report. ; LE814.2. Describe how to respond to animal cruelty Chapter 8 Crimes Involving Property and Society / 341  Unit 2: Crimes Against Society 8 Lesson 1: Loitering or Prowling, Disorderly Behavior Lesson Goal At the end of this lesson, you will know how to respond to an incident involving loitering, prowling, breach of the peace, disorderly conduct, or disorderly intoxication, and how to coordinate with other officers when responding to an open house party. Think About This You respond to a call from a grocery store manager who is claiming that a man is loitering in front of their store and drinking. When you arrive, you see that the man is sitting on the ground in front of the store and drinking a beer. He says he just needs a few minutes to collect himself and then he will walk home. What should you do? Loitering or Prowling Standing or waiting around idly or without apparent purpose is not a criminal act. However, to linger or hang around in a public area without any apparent purpose for being there in a place, at a time, or in a manner not usual for law-abiding people, and under circumstances that raise alarm or immediate concern for the safety of people or property in the vicinity is loitering or prowling. Some things to consider in determining whether to be alarmed or concerned are if the person: flees when a law enforcement officer appears refuses to identify themselves attempts to conceal themselves or any object will not explain why they are there and what they are doing The fact that a person is out at odd hours, without showing any other suspicious activity, does not necessarily justify an investigative stop. ; LE821.1. Determine if an incident involves loitering or prowling Initiate a consensual encounter to dispel any concerns you may have. Explain exactly why you want to talk with them, give them a chance to explain why they are there, be transparent about what could happen next, and always treat them with respect. A loitering and prowling charge will require articulating in your report and in court the totality of the circumstances to support an arrest. 342 / Florida Basic Recruit Training Program (LE): Volume 1 Call for backup before making that initial contact. Take a few minutes to observe the person. 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. Should the encounter move from a consensual encounter to an interview, based on reasonable suspicion, you may need to issue a Mi- randa warning to conduct further questioning. 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. If you fail to release them, the court may dismiss the case and you may face civil liability for a false arrest. The court will not convict the person if it appears that the explanation given by them was true and, if you believed it, would have eased your alarm or concern. These types of incidents pose significant officer safety issues that require a backup officer. Backup officers may stand by for officer safety, check for warrants on the subject, and check the building exterior for bro- ken windows or unlocked doors. ; LE 821.2. Describe how to respond to loitering or prowling Breach of the Peace, Disorderly Conduct Breach of the peace or disorderly conduct is not a catchall statute; however, it does include brawling, fight- ing, or an affray. An affray occurs when someone consents to fight with another person to terrorize other people in a public place. Urinating in public is also disorderly conduct, not an exposure of sexual organs. To meet the conditions of breach of the peace or disorderly conduct according to chapter 877, F.S., the person’s actions must endanger the safety of another person or property and occur in a public place or on public transportation, causing a public disturbance. In this context, a public place means somewhere the public has a right to be and to go, such as a grocery store or hospital. For the offense of breach of the peace or disorderly conduct, document whether the suspect’s action: corrupts public morals outrages public sense of decency affects the peace and quiet of people who may witness it is a brawl or a fight A person who simply curses at others or officers may not be arrested for disorderly conduct unless other factors are present that would threaten the safety of the officer or others. Unless a person’s words actually incite a reaction from onlookers that might create a danger to others, such as shouting “fire” in a crowded theater, freedom of speech protects the person from arrest. When you are on duty, you cannot be a victim of breach of the peace. ; LE821.3. Determine if an incident is breach of the peace or disorderly conduct Chapter 8 Crimes Involving Property and Society / 343 Disorderly Intoxication Intoxication is more than merely being under the influence of an alcoholic beverage. Intoxication means that after consuming substances, a person loses normal control of their body, mental faculties, or both. According to chapter 856, F.S., for disorderly intoxication, document that the suspect was intoxicated and endangered the safety of another person or property, or was intoxicated or drank alcohol in a public place or public transportation, and caused a public disturbance. The difference between disorderly conduct and disorderly intoxication is the element of intoxication. Taken alone, the person’s admission that they consumed substances is not enough to prove beyond a reasonable doubt that they were under the influence; however, consider this admission along with other evidence. ; LE821.4. Determine if an incident involves disorderly intoxication Respond to Breach of the Peace, Disorderly Conduct, or Disorderly Intoxication This is an opportunity for you to use verbal de-escalation techniques to calm the involved persons. Sepa- rate the suspect from any witnesses. Call for backup, or additional backup, as these incidents can pose significant officer safety issues. Backup officers may assist with crowd control. Interview any witnesses to the incident and collect statements. Document evidence of intoxication by iden- tifying specific indicators, such as slurred speech, bloodshot eyes, or staggered gait. Determine if a crime actually occurred, or if you should consider using the Marchman Act. ; LE821.5. Describe how to respond to breach of the peace, disorderly conduct, or disorderly intoxication Respond to an Open House Party Chapter 856, F.S., outlines the elements of allowing an open house party. An open house party is a social gathering at a residence that is legal unless minors at the party consume alcohol or drugs. This term does not apply to using alcoholic beverages or other substances at legally protected religious observances or activities. For the offense of an open house party, the Florida Statutes require that the suspect: is 18 or older had control over the residence at the time of the party allowed an open house party at the residence allowed a minor to possess or consume alcohol or drugs at the residence during the party knew that the minor possessed or consumed alcohol or drugs at the residence during the party The law expects adults to take reasonable steps to protect and prevent minors from engaging in these activities. Chapter 562, F.S., outlines the elements of the crime of selling or giving alcoholic beverages to a person younger than 21. ; LE821.6. Determine if an incident involves an open house party 344 / Florida Basic Recruit Training Program (LE): Volume 1 Most agencies will send multiple officers to an incident involving an open house party, as teenagers may scatter and drive under the influence. Call for additional backup if needed. Check with dispatch to deter- mine if the residence has had prior similar calls. Question the partygoers to determine if they are underage and drinking or using drugs. Document evidence of intoxication or drug use by identifying specific indica- tors, such as slurred speech, bloodshot eyes or dilated pupils, or staggered gait. Find the teenager that lives there, ask for their parent or caregiver’s contact information, and contact them. Interview the parents or caregivers to determine if a crime has been committed, and make an arrest if nec- essary. Ask if they had knowledge of the party and the presence of alcohol or drugs, and ask if they knew who purchased these. If the parents are home while the open house party was going on or knew of the party and the presence of alcohol or drugs, the offense may be contributing to the delinquency of a minor in addition to an open house party violation. Based on the circumstances and your agency policies and procedures, stand by while the parents or care- givers pick up the underage partygoers under the influence. ; LE821.7. Describe how to respond to an open house party Chapter 8 Crimes Involving Property and Society / 345 8 Unit 2: Crimes Against Society Lesson 2: Illicit Drugs and Vice Crimes Lesson Goal At the end of this lesson, you will know how to respond to an incident involving possession of a con- trolled substance, drug paraphernalia, or drug trafficking, and how to recognize vice crimes and the characteristics of organized crime. Think About This You respond to a call from a store where a pharmacy tech is reporting a woman who is requesting her sec- ond refill of narcotic pain medications in the same week. The pharmacy tech believes the woman has a sto- len prescription pad and is misusing narcotics. How do you handle this situation? Illicit Drugs There are many sources of illicit drugs in the United States. Drugs are smuggled, diverted, and intercepted from legitimate and illegal sources. You may encounter drug manufacturing in clandestine laboratories or cultivation grow houses through information from a concerned resident or while responding to a call from dispatch. Common methods used to transport drugs include both private and public transportation and shipments via commercial delivery companies, as well as the U.S. Postal Service. Suspects may conceal drugs in items such as children’s toys or other commodities. ; LE822.1. Determine if an incident involves illegal possession of a controlled substance Illicit Use of Prescription Drugs Prescription drugs are not necessarily illicit; however, misuse or abuse of prescription drugs is common in Florida. People may engage in “doctor shopping” or steal prescription pads to misuse pharmaceuticals to meet their needs. Recent changes in the prescription drug monitoring program have contributed to a rise in opioid misuse. It is illegal to drive under the influence of medical marijuana, just as it would be with any other prescription medication that impairs your ability to drive. The Florida Comprehensive Drug Abuse Prevention and Control Act, or chapter 893, F.S., places all con- trolled substances regulated under existing federal law into one of five schedules based on medicinal value, harmfulness, and the potential for abuse and addiction. Historically, controlled substances’ names and formulas change intermittently. ; LE822.2. Describe how the Florida Comprehensive Drug Abuse Prevention and Control Act schedules legal and illegal drugs 346 / Florida Basic Recruit Training Program (LE): Volume 1 The Drug Enforcement Administration (DEA) website contains information about the schedules of con- trolled substances, facts about commonly misused substances, color photos, methods of use, behavioral characteristics, signs, symptoms, and duration of effects. For possession of a controlled substance, document that the suspect: knew that the illicit, controlled substance was present exercised control or ownership over the illicit, controlled substance knew the substance was an illicit, controlled substance Florida law provides the following definitions to clarify the meaning of possession: Possession means to have personal charge of or exercise the right of ownership, management, or control over the thing possessed. Possession may be actual, constructive, or joint. Actual possession means the controlled substance is in the hands of or on the suspect, or in a container in the hands of or on the suspect, or so close as to be within ready reach and is under the control of the suspect. Mere proximity to a controlled substance is not sufficient to establish possession over the substance when it is not in a place that the suspect has control. Constructive possession means the controlled substance is in a place over which the suspect has control, or in which the suspect has concealed it. Joint possession means two or more suspects may jointly possess an article, exercising control over it. In that case, each of those suspects is in possession of that article. If a suspect has sole possession of a controlled substance, infer or assume the suspect had knowledge of its presence. If a suspect does not have exclusive possession of a controlled substance, do not infer or as- sume the suspect had knowledge of its presence. Be aware that a person’s presence in a room or building where there are drugs or other contraband does not necessarily mean the person has committed a crime. ; LE822.3. Describe how to establish probable cause for illegal possession of a controlled substance Drug Trafficking Chapter 893, F.S., outlines the quantities or weight of specific illicit, controlled substances that increase a possession charge to a drug trafficking charge: cannabis, excess of 25 pounds, excess of 300 plants cocaine, excess of 28 grams hydrocodone, excess of 28 grams methamphetamine (meth) excess of 14 grams MDMA (ecstasy), excess of 1 kilogram oxycodone, excess of 30 kilograms LSD (acid), excess of 1 gram Chapter 8 Crimes Involving Property and Society / 347 Trafficking in illicit drugs is a felony. Florida law requires a minimum mandatory prison sentence for drug trafficking. ; LE822.4. Determine if an incident involves drug trafficking Drug Paraphernalia Drug paraphernalia is all equipment, products, and materials of any kind that are used or intended to: plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, or contain, conceal, inject, ingest, inhale, or otherwise introduce a controlled substance into the human body. Pipes, rolling paper, straws, or spoons are not drug paraphernalia until you can prove that they are being used or intended to be used to deliver an illicit drug. Possession of drug paraphernalia is a misdemeanor. Document that the suspect possesses any item that is used, intended to be used, or designed to be used as drug paraphernalia. ; LE822.5. Identify a variety of drug paraphernalia Respond to Possession of a Controlled Substance When responding to an incident involving possession of a controlled substance and the suspect is incapaci- tated, seek medical attention. Begin your initial investigation and consider: calling for backup, as these types of incidents pose officer safety issues, can have a crime scene that needs to be searched, and can contain quantities of evidence interviewing the suspect getting consent to search from the suspect or establish probable cause for a search searching the suspect for contraband requesting a narcotics canine unit conducting a presumptive test following basic crime scene processes for the recovery of any evidence photographing the illicit substance as you found it in the exact location you found it if a crime occurred, making an arrest after establishing probable cause 348 / Florida Basic Recruit Training Program (LE): Volume 1 As part of establishing probable cause and before making an arrest for possession of illicit drugs, conduct a presumptive field test of the substance using a kit provided by your agency. A presumptive test can es- tablish that the sample is an illicit substance. Be careful and always use PPE when collecting and handling evidence in narcotics cases. Notify your supervisor if you make an arrest. ; LE822.6. Describe how to respond to illegal possession of a controlled substance 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. Chap- ters 562 and 569, F.S., state that any adult that provides someone younger than 21 with alcohol or to- bacco commits a misdemeanor. Possession of alcohol or tobacco by someone younger than 21 is also a misdemeanor. ; LE822.7. Determine if an incident involves a vice crime You may also respond to calls involving unlicensed establishments selling alcohol, moonshine operations, or establishments selling alcohol after hours. Vice investigations involve undercover work and develop in- formation through intelligence, including confidential informants and surveillance operations. Chapter 849, F.S., outlines the elements of gambling. Gambling offenses that you may encounter include bolita (a popular numbers game, especially in south Florida), dog or cock fighting, high-stakes card games, off-track betting, youth athletic events, or craps games on the street. For gambling, document that the suspect played or engaged in a game of chance (including cards, keno, roulette, faro, dice, domino, or other games of chance) at any place, by any device, for money or other thing of value. ; LE822.8. Determine if an incident is gambling Respond to Prostitution Chapter 796, F.S., outlines the elements of prostitution. Prostitution is often associated with adult enter- tainment 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. Consider surveilling the area. Approach the person and conduct a field interview. While maintaining officer safety, treat the person with respect and dignity. Should you encounter a person with a sex buyer, separate and interview them separately to establish any relationship. Ask dispatch to run an FCIC/NCIC check to con- firm their identities and determine if they have any outstanding warrants. At the end of your preliminary in- vestigation, determine if a crime actually occurred. Complete your paperwork detailing all the known facts. ; LE822.9. Determine if an incident is prostitution Chapter 8 Crimes Involving Property and Society / 349 Organized Crime An organized crime operation has these basic characteristics: It has a specific structure, usually hierarchical or paramilitary. It has both criminal businesses and legitimate, for-profit, or not-for profit businesses. It provides a product or service in a particular market and rarely shares areas of crime or territory with other organized crime groups. 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. The business structure is designed to protect them from infiltration by law enforcement and regulatory agencies. Members of the organization that you will encounter will be street level criminals. Members will attempt to intimidate or co- erce witnesses and members of law enforcement and the judicial system. Organized crime promotes public corruption, street crime, and gang activity and can have a significant negative impact on the economy. Organized crime is often associated with gambling, loan sharking, narcotics, prostitution, human traffick- ing, extortion, pornography, white-collar crime, fencing, public corruption, numbers games, auto theft, drive-by shootings, adult entertainment, and money laundering. Some of the methods law enforcement uses to combat organized crime are asset forfeiture, concentration on vice offenses, intelligence gather- ing, interagency cooperation, and prosecution under the Racketeer Influenced and Corrupt Organization (RICO). ; LE822.10. Describe the basic characteristics of organized crime 350 / Florida Basic Recruit Training Program (LE): Volume 1