California Commission on Peace Officer Standards and Training Basic Course Workbook Series PDF

CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Basic Course Workbook Series Student Materials Learning Domain 6 Property Crimes Version 5.14 THE MISSION OF THE CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING IS TO CONTINUALLY ENHANCE THE PROFESSIONALISM OF CALI...

CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Basic Course Workbook Series Student Materials Learning Domain 6 Property Crimes Version 5.14 THE MISSION OF THE CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING IS TO CONTINUALLY ENHANCE THE PROFESSIONALISM OF CALIFORNIA LAW ENFORCEMENT IN SERVING ITS COMMUNITIES  Basic Course Workbook Series Student Materials Learning Domain 6 Property Crimes Version 5.14 © Copyright 2008 California Commission on Peace Officer Standards and Training (POST) All rights reserved. Published 1998 Revised June 2001 Corrected March 2005 Revised January 2006 Revised July 2007 Revised January 2008 Correction April 2018 This publication may not be reproduced, in whole or in part, in any form or by any means electronic or mechanical or by any information storage and retrieval system now known or hereafter invented, without prior written permission of the California Commission on Peace Officer Standards and Training, with the following exception: California law enforcement or dispatch agencies in the POST program, POST-certified training presenters, and presenters and students of the California basic course instructional system are allowed to copy this publication for non-commercial use. All other individuals, private businesses and corporations, public and private agencies and colleges, professional associations, and non-POST law enforcement agencies in-state or out-of- state may purchase copies of this publication, at cost, from POST as listed below: From POST’s Web Site: www.post.ca.gov Go to Ordering Student Workbooks  POST COMMISSIONERS Joyce Dudley – Chair District Attorney Santa Barbara County Rick Braziel – Vice Chair Educator Humboldt State University Lai Lai Bui Sergeant Sacramento Police Department Thomas Chaplin Chief Walnut Creek Police Department Richard DeLaRosa Mayor City of Colton Barry Donelan Sergeant Oakland Police Department Robert Doyle Sheriff Marin County Geoff Long Public Member John McMahon Sheriff San Bernardino County Jethroe Moore, II Public Member James O’Rourke Officer California Highway Patrol Batine Ramirez Sergeant Placer County Sheriff’s Department Laurie Smith Sheriff Santa Clara County Walter Vasquez Chief La Mesa Police Department Kevin Gardner Chief Representing Xavier Beccera Director of Division of Law Enforcement Attorney General Ex-Officio Member  THE ACADEMY TRAINING MISSION The primary mission of basic training is to prepare students mentally, morally, and physically to advance into a field training program, assume the responsibilities, and execute the duties of a peace officer in society.  FOREWORD The California Commission on Peace Officer Standards and Training sincerely appreciates the efforts of the many curriculum consultants, academy instructors, directors and coordinators who contributed to the development of this workbook. We must also thank the California law enforcement agency executives who allowed their personnel to participate in the development of these training materials. This student workbook is part of the POST Basic Course Training System. The workbook component of this system provides a self-study document for every learning domain in the Basic Course. Each workbook is intended to be a supplement to, not a substitute for, classroom instruction. The objective of the system is to improve academy student learning and information retention and ultimately contribute to you becoming a peace officer committed to safety, and to the communities you will serve. The content of each workbook is organized into sequenced learning modules to meet requirements as prescribed both by California law and the POST Training and Testing Specifications for the Basic Course. It is our hope that the collective wisdom and experience of all who contributed to this workbook will help you, the student, to successfully complete the Basic Course and to enjoy a safe and rewarding career as a peace officer. MANUEL ALVAREZ, Jr. Executive Director  LD 6: Property Crimes Table of Contents Topic See Page Preface iii Introduction iii How to Use the Student Workbook iv Chapter 1: Identifying and Classifying Crimes Related 1-1 to Theft Overview 1-1 Theft 1-3 Vehicle Theft 1-11 Defrauding an Innkeeper 1-21 Burglary 1-23 Shoplifting 1-27 Possession of Burglary Tools 1-28 Burglary Investigations 1-31 Possessing or Receiving Personal Property with Altered 1-40 Serial Numbers or Identification Marks Receiving Stolen Property 1-43 Forgery 1-46 Chapter Synopsis 1-48 Workbook Learning Activities 1-50 Continued on next page LD 6: Property Crimes i Table of Contents, Continued Topic See Page Chapter 2: Identifying and Classifying Crimes Related 2-1 to Arson Overview 2-1 Arson, or Unlawfully Causing a Fire 2-2 Possession of Flammable or Combustible Material 2-6 Chapter Synopsis 2-8 Workbook Learning Activities 2-9 Chapter 3: Identifying and Classifying Crimes Related 3-1 to Trespassing Overview 3-1 Unauthorized Entry of Dwelling 3-2 Trespass 3-4 Chapter Synopsis 3-9 Workbook Learning Activities 3-10 Chapter 4: Identifying and Classifying Other Property 4-1 Related Crimes Overview 4-1 Vandalism 4-3 Repossession 4-6 Tenant/Landlord Disputes 4-10 Report Writing Tip 4-15 Chapter Synopsis 4-26 Workbook Learning Activities 4-27 Supplementary Material S-1 Glossary G-1 ii LD 6: Property Crimes  Preface Introduction Student The student workbooks are part of the POST Basic Course Instructional workbooks System. This system is designed to provide students with a self-study document to be used in preparation for classroom training. Regular Basic Completion of the Regular Basic Course is required, prior to exercising peace Course officer powers, as recognized in the California Penal Code and where the training POST-required standard is the POST Regular Basic Course. requirement Student The following elements are included in each workbook: workbook elements chapter contents, supplementary material, and a glossary of terms used in this workbook. LD 6: Property Crimes iii How to Use the Student Workbook Introduction This workbook provides an introduction to the training requirements for this Learning Domain. You may use the workbook in several ways: for initial learning, for test preparation, and for remedial training. Workbook To use the workbook most effectively, follow the steps listed below. format Step Action 1 Begin by reading the: Preface and How to Use the Workbook, which provide an overview of how the workbook fits into the POST training program and how it should be used. 2 Refer to the Chapter Synopsis section at the end of each chapter to review the key points that support the chapter objectives. 3 Begin reading the text. 4 Complete the workbook learning activities at the end of each chapter. These activities reinforce the material taught in the chapter. 5 Refer to the Glossary section for a definition of important terms. The terms appear throughout the text and are bolded and underlined (e.g., term). iv LD 6: Property Crimes  Chapter 1 Identifying and Classifying Crimes Related to Theft Overview Learning need Arrest depends on the development of probable cause. Successful prosecution depends on the collection of admissible evidence. Peace officers need to know the elements required to arrest for crimes related to theft to correctly classify these crimes as misdemeanors or felonies. Learning The chart below identifies the student learning objectives for this chapter. objectives After completing study of this chapter, the student will be Objective able to: ID recognize the crime elements required to arrest for: - theft 6.01.1 - vehicle theft 6.01.2 - defrauding an innkeeper 6.01.3 - burglary 6.01.7 - shoplifting 6.01.17 - possession of burglary tools 6.01.8 - possessing of or receiving personal property with 6.01.9 altered serial numbers or identification marks - receiving stolen property and 6.01.10 - forgery 6.01.12 recognize the crime classification as a misdemeanor or 6.01.14 felony describe appropriate peace officer actions when taking a 6.01.15 report of a burglary or similar property crime Continued on next page LD 6: Chapter 1 – Identifying and Classifying Crimes Related to Theft 1-1 Overview, Continued Learning After completing study of this chapter, the student will be Objective objectives able to… ID (continued) describe information that should be obtained when 6.01.16 interviewing the victim(s) of and/or witness(es) of a burglary In this chapter This chapter focuses on crimes related to theft. Refer to the chart below for specific topics. Topic See Page Theft 1-3 Vehicle Theft 1-11 Defrauding an Innkeeper 1-21 Burglary 1-23 Shoplifting 1-27 Possession of Burglary Tools 1-28 Burglary Investigations 1-31 Possessing or Receiving Personal Property with Altered 1-40 Serial Numbers or Identification Marks Receiving Stolen Property 1-43 Forgery 1-46 Chapter Synopsis 1-48 Workbook Learning Activities 1-50 1-2 LD 6: Chapter 1 – Identifying and Classifying Crimes Related to Theft Theft Definition The crime of theft is the taking and carrying away personal property of another without the consent of the owner with the intent to permanently deprive the owner. Penal Theft is generally defined under Penal Code Section 484. code section Crime To arrest a subject for theft, the necessary crime elements include: elements the taking and carrying away of personal property of another without consent with intent to permanently deprive the owner. NOTE: Not all thefts require “intent to permanently deprive” to violate the section, i.e. embezzlement and vehicle theft. Crimes noted by “*” in this workbook are wobblers and punishable as felonies pursuant to Penal Code Section 1170(h) when the requirements of Penal Code Section 667(e)(2)(C) are met. Generally, Penal Code Section 667 specifies the crime is a felony if: 1) the loss is valued in excess of $950.00 or 2) the suspect is required to register pursuant to Penal Code Section 290 or 3) the suspect has a prior conviction for an offense listed in Penal Code Section 667(e)(2)(C). Penal Code Section 667(e)(2)(C) includes sexually violent offenses, child molestation, homicide or attempted homicide, solicitation to commit murder, assault with a machine gun on a peace officer or firefighter, possession of a weapon of mass destruction, and any serious or violent felony punishable by life imprisonment or death.” Continued on next page LD 6: Chapter 1 – Identifying and Classifying Crimes Related to Theft 1-3 Theft, Continued Related To understand theft, peace officers need to understand the following terms. terms Property can include money, labor, animals, crops, or real or personal items. Real property means land and immovable property, affixed to or growing from that land. It may be otherwise referred to as real estate. Personal property includes any movable object(s) owned by an individual; all property other than real estate. Control is the ability to exercise a restraining or directing influence over something. Theft requires that the property that is taken be under the control of the person it was stolen from, not necessarily the owner of the property and that control is transferred to the thief. Property can be taken from: someone who is in rightful possession of it, a person or place having lawful possession of the property, someone who found the property or someone who himself stole the property (since legally the property still belongs to the owner from whom it was originally stolen). Control, for the purposes of grand theft person, requires that the object must be held, carried, or otherwise on the victim's person, not merely in immediate presence. Example: A person, intending to steal an overcoat from a clothing dummy in front of a store, removed the coat, but was unable to carry it away because it was fastened by a chain. Not having obtained control over the coat, there was no completed theft; however an attempted theft may have occurred. Continued on next page 1-4 LD 6: Chapter 1 – Identifying and Classifying Crimes Related to Theft Theft, Continued Intent It is not necessary that the thief’s intent be for the purpose of personal gain. The intent needs to be to permanently deprive the owner of the property. With theft, the intent to deprive must exist at the time of taking and not at a later time. Example: A man took his personal computer to work. When he left, he took the company’s identical computer with him, thinking it was his. Since he believed that the computer was his property, this was not theft as the intent to deprive his company of property was absent. Determining The value of the property is determined by the reasonable and fair market property value. If the property is an item from a commercial establishment, the value of value the item is the market retail value plus tax. If the property is in the form of services received, the contract price of the service is the market value. Classification The crime of theft can be classified as either a felony or a misdemeanor depending on the value or type of the property stolen. The definition of Grand Theft is addressed in several sections and is further affected by the Penal Code Section 490.2 which specifies: obtaining any property by theft where the value of the money, labor, real or personal property taken does not exceed nine hundred fifty dollars ($950) shall be considered petty theft and shall be punished as a misdemeanor except that such person may instead by punished pursuant to subdivision (h) of Penal Code Section 1170 if that person has one or more prior convictions for a specified offense (sometimes referred to as a “Superstrike”). Continued on next page LD 6: Chapter 1 – Identifying and Classifying Crimes Related to Theft 1-5 Theft, Continued Classification Pursuant to Penal Code Section 490.2, prior convictions per Penal Code (continued) Section 667(e)(2)(c)(iv) or registration pursuant to Penal Code Section 290 would allow certain crimes to be classified as felonies (affected crimes in this workbook are identified as misdemeanor disqualifiers). The following table illustrates the categories of theft and their associated crime classifications. Crime Nature and/or Value of Crime Penal Property Classification Code Section Grand Property value exceeding $950 felony 487 theft (Penal Code Section 487(a)) Agricultural products exceeding $250*** (e.g., domestic fowl, fruit, nuts, vegetables, etc.) (Penal Code Section 487(b)(1)(A)) Aquacutural products exceeding $250*** (e.g., fish, algae, etc.) (Penal Code Section 487(b)(2)) Property taken over a 12 consecutive month period totaling $950 or more and taken by a servant, agent or employee of the owner (Penal Code Section 487(b)(3)) Property taken from the person of another*** (Penal Code Section 487(c)) *** see Penal Code Section 490.2 Continued on next page 1-6 LD 6: Chapter 1 – Identifying and Classifying Crimes Related to Theft Theft, Continued Classification Crime Nature and/or Value of Crime Penal (continued) Property Classification Code Section Grand theft Certain designated livestock felony: 487a(a) (e.g., horses, cattle, sheep, etc.) greater than (Penal Code Section 487a(a)) $950 misdemeanor: $950 or less Motor vehicles felony: 487(d)(1) greater than $950 misdemeanor: $950 or less Firearms felony 487(d)(2) Petty theft All other thefts not categorized misdemeanor 488 as grand theft Petty theft with prior theft- misdemeanor* 666 related conviction and jail time Continued on next page LD 6: Chapter 1 – Identifying and Classifying Crimes Related to Theft 1-7 Theft, Continued Examples While a woman was waiting for the bus, her wallet containing $45 was stolen from her pocket without her knowledge. A man nearby saw the crime and stopped the thief. The thief committed misdemeanor grand theft person as the property was taken from someone’s person and it’s value did not exceed $950. Related The table below shows the additional penal code sections which deal with statutes particular instances of the crime of theft. Circumstance of Crime Crime Penal Code Classification Section Theft of utility services ** 498(b) ** These crimes can be classified as either a grand theft or petty theft, depending on value or nature of item(s) or service(s) stolen. Continued on next page 1-8 LD 6: Chapter 1 – Identifying and Classifying Crimes Related to Theft Theft, Continued Access The availability of access cards has led to the adoption of a number of penal cards code sections governing their misuse. The table below shows the sections of the code and the crime classifications which deal with particular instances of access card crime. Circumstance of Crime Crime Penal Code Classification Section Sell/transfer/convey an access card Felony: 484e(a) greater than $950 Misdemeanor: $950 or less* Acquire 4 or more access cards within 12 484e(b) months Acquire/retain access card information 484e(d) with intent to use fraudulently Make/alter/use an access card 484f(a) Forge signature with intent to defraud 484f(b) Use card or account information unlawfully 484g obtained or altered; false representation of card ownership Acquire or possess access card with intent misdemeanor 484e(c) to use, sell or transfer without consent NOTE: Access cards are commonly known as ATM, Debit, Credit Cards, etc., per Penal Code Section 484d(2). Continued on next page LD 6: Chapter 1 – Identifying and Classifying Crimes Related to Theft 1-9 Theft, Continued Access Circumstances Crime Penal Code cards Classification Section (continued) Forge an access card Felony: 484f(a) greater than Use card or account information $950 484g unlawfully obtained or altered; false Misdemeanor: representation of card ownership $950 or less* Retailer with knowledge card is Felony: 484h counterfeit, expired or revoked greater than $950 Misdemeanor: $950 or less* Modify or alter access card magnetic stripe Felony: 484i(b) greater than Design, make, possess or traffic in card $950 484i(c) making equipment with the intent to make Misdemeanor: counterfeit access cards $950 or less* Forge access card transaction Felony: 484f(b) greater than $950 Misdemeanor: $950 or less* Publish (oral, written, via computer) access misdemeanor 484j card, numbers, code Possess incomplete access card with 484i(a) intent to complete it without consent of issuer 1-10 LD 6: Chapter 1 – Identifying and Classifying Crimes Related to Theft Vehicle Theft Definition The crime of vehicle theft occurs when a person drives or takes a vehicle of another person, without the consent of the owner thereof, with intent to either permanently or temporarily deprive the owner of title or possession of such vehicle. Vehicle Vehicle theft is covered under Vehicle Code Section 10851. code section Crime To arrest a subject for vehicle theft, the necessary crime elements include: elements the driving or taking of a vehicle not the person’s own without consent with intent to temporarily or permanently deprive the owner of title or possession of such vehicle. Classification The crime of vehicle theft is a felony. Related To understand vehicle theft, peace officers need to become familiar with the term following term. A vehicle is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. (Vehicle Code Section 670) Continued on next page LD 6: Chapter 1 – Identifying and Classifying Crimes Related to Theft 1-11 Vehicle Theft, Continued Vehicle A person being arrested for the crime of vehicle theft must have driven or theft vs taken the vehicle on a permanent or temporary basis. (Vehicle Code Section grand 10851) theft However, if the suspect’s intent was to permanently deprive the owner, the suspect may be arrested for grand theft. (Penal Code Sections 487(d)(1)) The suspect being charged with grand theft must have taken the vehicle with the intent to permanently deprive the owner. Examples A man picked up his girlfriend in a car he had stolen. He bragged to her how easy it was to steal the car. They took turns driving the car around until it ran out of gas and then they abandoned it. Both are guilty of vehicle theft since they both drove the car with intent to temporarily deprive, even if the girlfriend did not take the car. A man took a motor home that was idling in a rest area. He took it to his friend’s “chop shop” where they dismantled the vehicle for its parts. This man was guilty of grand theft as he took the vehicle and his intent was permanent deprivation. Continued on next page 1-12 LD 6: Chapter 1 – Identifying and Classifying Crimes Related to Theft Vehicle Theft, Continued Related The table below shows additional penal and vehicle code sections which deal statutes with particular types of vehicle theft. Circumstance of Crime Crime Code Classification Section Temporarily using a bicycle, motorboat, misdemeanor Penal Code or vessel without the permission of the Section owner 499b Intentional failure to return a leased or felony Vehicle rented vehicle within five days of expiration Code of agreement Section 10855 Noncriminal As part of the preliminary investigation, officers responding to a call which explanations involves a stolen vehicle must verify that a crime has actually taken place. for missing vehicles Vehicles may be reported stolen when they actually are: “borrowed” by family members without the permission of the owners used by another and the owners have forgotten that they gave permission taken in conjunction with domestic disputes repossessed by lending institutes without warning in storage or impounded misplaced (e.g., on a different street, in a large parking lot, within a parking garage) Continued on next page LD 6: Chapter 1 – Identifying and Classifying Crimes Related to Theft 1-13 Vehicle Theft, Continued Unlawful Initial responding officers need to also be aware that a vehicle may be false intentionally reported stolen in order to: reports collect money fraudulently through insurance policy claims cover up another offense (e.g., hit-and-run) NOTE: False report of a criminal offense is covered under Penal Code Section 148.5. Verifying To determine if a vehicle theft has in fact been committed, responding officers a criminal should ask questions, such as: act the vehicle payments are up to date the owner has received any warnings regarding late payments the owner is involved in a family related dispute (e.g., divorce, child custody, or support, etc.) family members often use the vehicle friends or family members have duplicate keys to the vehicle Continued on next page 1-14 LD 6: Chapter 1 – Identifying and Classifying Crimes Related to Theft Vehicle Theft, Continued Investigating Obtaining complete and accurate information from the vehicle’s owner and the theft witnesses, if applicable, can be key to recovery of the vehicle. The following table identifies a number of guidelines for the type of information that initial responding officers should attempt to obtain and include in the investigative report. Action Guidelines Interview owner/ Identification of the: witnesses - vehicle’s registered owner - reporting party - individual who first noticed the vehicle missing - person who had possession of the vehicle at the time it was reported stolen Location of any additional keys to the vehicle Similar thefts in the area Suspicious vehicles or individuals in the area prior to the theft Obtain vehicle Vehicle year, make, style, model, and color related Registration/license plate numbers information Vehicle identification number Title documentation Description of accessories (e.g., fog lights, trailer hitches, tinted windows, etc.) Unique markings (e.g., bumper stickers, dents, scratches, etc.) Continued on next page LD 6: Chapter 1 – Identifying and Classifying Crimes Related to Theft 1-15 Vehicle Theft, Continued Investigating Actions Guidelines the theft (continued) Comply with Stolen vehicle: ensure entry into stolen vehicle mandatory system (SVS) reporting Upon recovery, ensure Vehicle Identification Number (VIN) and license plate match. Also, remove from stolen vehicle system Note vehicle Items of value that are not physically part of the contents vehicle Other Name of finance company and the account number Insurance information, such as: - name of carrier - account number - amount of coverage NOTE: If applicable, initiate a crime broadcast. Continued on next page 1-16 LD 6: Chapter 1 – Identifying and Classifying Crimes Related to Theft Vehicle Theft, Continued Criminal There are a number of criminal motives for the theft of a vehicle. Recognizing motive a possible motive may aid officers in the course of their investigation. The following table identifies the most common. Motive Additional Information Joyriding Usually committed by juveniles Stolen for the thrill of it Typically committed by more than one person and involves peer pressure Vehicle usually recovered within 24-48 hours Vehicle often found damaged Transportation Vehicle taken as a means of getting from one location to another Multiple vehicles may be stolen and abandoned one at a time Suspect may be a transient, runaway, or someone fleeing another crime Instrument of Vehicle used in the commission of another crime another crime (e.g., getaway car) Eliminates any link between a personal vehicle and the crime Abandoned vehicle may contain physical evidence related to the original vehicle theft and the other crime Profit Professional auto thieves Stolen vehicle is altered in some manner and resold for financial gain Often associated with stripping or chop-shop operations Insurance fraud Continued on next page LD 6: Chapter 1 – Identifying and Classifying Crimes Related to Theft 1-17 Vehicle Theft, Continued Recognizing Patrolling officers who have the opportunity to observe occupied or unattended stolen vehicles should be aware of telltale characteristics that indicate a vehicle may vehicles have been stolen. Examples of such indicators are noted in the following table. Observations Location Vehicle parked illegally or in one location for long periods of time License Poorly attached or no license plates Plates/ Clean license plates or tags on a dirty vehicle Identification DMV registration shows salvage history, but the vehicle shows no signs of the same Appearance Broken side or vent windows Missing or scratched door locks Damaged steering column Missing or altered Vehicle Identification Number Electronic equipment missing from the dashboard Exterior damage that appears to be recent Stripped vehicle Other Vehicle being operated without a key in the ignition Suspicious behavior of driver Continued on next page 1-18 LD 6: Chapter 1 – Identifying and Classifying Crimes Related to Theft Vehicle Theft, Continued Vehicle A Vehicle Identification Number (VIN) is generally a 17-digit number that Identification is unique to a vehicle and may be used to confirm specific ownership. On most Numbers domestic and foreign vehicles, the VIN is located to the far left of the (VIN) dashboard (driver’s side) and is visible through the windshield. The VIN may also be positioned on the inside of the pillar post to the left of the driver. The numbers and letters included in the VIN identify a vehicle’s: manufacturer year manufactured car line series body style engine symbol assembly plant where manufactured sequential production number NOTE: For further information on interpretation of VINs, refer to the National Insurance Crime Bureau (NICB) handbook. Other A vehicle may also be identified by: means of identification license number (a combination of up to seven letters and numbers) engine number hidden or component part number NHTSA (National Highway Transportation Safety Act) labels; federal stickers placed on vehicles, (may also be used to identify a vehicle and/or component) other identifying characteristics (e.g., customized painting, scratches, dents, etc.) Continued on next page LD 6: Chapter 1 – Identifying and Classifying Crimes Related to Theft 1-19 Vehicle Theft, Continued Sources of Officers can access a number of agencies, organizations, and databases in the information course of investigating a vehicle theft. Physical Recovered stolen vehicles are a form of physical evidence and should be evidence preserved as a crime scene. Care should be taken to preserve latent collection fingerprints and other forms of trace or transfer evidence. Vehicles may also contain other items or belongings left behind by the suspect(s). Modus Just as in other crimes involving theft, a Mode of Operation (MO) may also be operandi associated with vehicle thefts. By attempting to identify a specific MO, it may be possible to link a suspect to a particular stolen vehicle. The following table identifies a number of possible considerations when establishing a MO for a vehicle theft. Possible Considerations Method of Unlocked door Entry Forced, pried, or broken side window Use of special equipment (e.g., coat hanger, “slimjim,” lock pull, spark plug ceramic piece, “ninja rocks,” etc.) Key (duplicate, hidden or original) Method of Ignition key Starting Engine Broken ignition lock Bypassing ignition system (i.e., “hot wire”) on steering column or engine compartment Method of Drive away Removal Haul away with tow truck or on flat bed truck 1-20 LD 6: Chapter 1 – Identifying and Classifying Crimes Related to Theft Defrauding an Innkeeper Definition The crime of defrauding an innkeeper is obtaining any food, fuel, services, or accommodations at a designated facility without paying, with intent to defraud the proprietor or manager. Penal Defrauding an innkeeper is covered under Penal Code Section 537. code section Crime To arrest a subject for defrauding an innkeeper, the necessary crime elements elements include: the obtaining of food, services, or accommodations at a designated facility without paying with intent to defraud the proprietor or manager. Classification The crime of defrauding an innkeeper is a misdemeanor unless the value of the service is over $950 (then it is a felony). NOTE: Using ski facilities without paying for or selling a ski lift ticket without proprietor authorization is an infraction. (Penal Code Section 537(b)) Continued on next page LD 6: Chapter 1 – Identifying and Classifying Crimes Related to Theft 1-21 Defrauding an Innkeeper, Continued Related To understand defrauding an innkeeper, peace officers need to be familiar with term the following term. Designated facilities, for the crime of defrauding an innkeeper, include: hotel bungalow court inn motel restaurant marina boardinghouse marine facility lodging house auto camp apartment house public or private campground NOTE: Gas stations are not designated facilities. Examples A man spent the night at a hotel. He knew that he had only enough money to buy gas to get home, so he left without paying. The man committed a crime because he used the facilities and had no intent of paying the proprietor. A family arrived at a campground in their motor home. The property manager offered the lot for free if the family would agree to pay for the utilities. The father agreed, even though he knew they would not have enough money to do so. After five weeks, the family drove off late one night without telling the manager and not paying the $360 bill. The father committed the crime of defrauding an innkeeper as he never intended to pay the manager for the utilities. 1-22 LD 6: Chapter 1 – Identifying and Classifying Crimes Related to Theft Burglary Definition The crime of burglary is entering any designated building or structure pursuant to Penal Code Section 459 with the intent to commit theft or any felony. Penal Burglary is covered under Penal Code Section 459. code section Crime To arrest a subject for burglary, the necessary crime elements include: elements the entry to a building or specified structure with the intent to commit theft or any felony. Classification The crime of burglary is a felony. Leadership As a leader, you have the responsibility and the opportunity to promote crime prevention instead of reacting to crimes committed. Useful suggestions such as lighting, window security, and alarms can help community members improve security and peace of mind at home and at their places of business. Policing When a building or dwelling is burglarized and property is damaged or in our removed, victims commonly report feeling invaded and violated; their sense of communities security and privacy is shattered. In densely populated neighborhoods, victims can feel betrayed. No matter how small the loss, property crime can have a disproportionate effect on people. Recognizing these feelings can help an officer create the right partnership for solving the case and assisting the victim. Continued on next page LD 6: Chapter 1 – Identifying and Classifying Crimes Related to Theft 1-23 Burglary, Continued Related To understand information about burglary, peace officers need to become terms familiar with the following terms. Specified structures, for the purposes of burglary, include the following: House, room, apartment, tenement Shop, warehouse, store, mill, barn, stable, outhouse, or other building Tent, vessel designed for habitation Railroad car, locked or sealed cargo container, trailer coach (Vehicle Code Section 635) Any house car (Vehicle Code Section 362) Inhabited camper (Vehicle Code Section 243) Motor vehicle when the doors are locked and the windows are rolled up Aircraft (Public Utilities Code Section 21012) Mine or any underground portion thereof Inhabited means currently used for dwelling purposes, but not necessarily actually occupied, at the moment of the crime. Example: A house was considered inhabited even though its regular occupant had been in a convalescent home for more than one year, since she fully intended to return and the house was being regularly maintained in the meantime. Entry The entry does not have to be forced. As long as the unlawful intent is present, the entry can take place in any manner at any time. For example, entry into a large store during the day while it is open to the public. The entry does not have to be by the burglar’s person; simply breaking the plane of the door is sufficient. Continued on next page 1-24 LD 6: Chapter 1 – Identifying and Classifying Crimes Related to Theft Burglary, Continued Vehicle Burglary of a vehicle occurs at the moment entry is made. In almost all cases, the vehicle (or at least the portion entered, such as the trunk) must be locked, so that the entry is forced. Pushing open the broken wing-window of an otherwise locked vehicle will suffice. Intent The intent to commit theft, or any felony, must exist at the moment the building or room is entered. The crime is complete upon entry. Even if the intended theft or felony cannot be completed, the crime of burglary is still complete. First and There are two degrees of burglary, first degree, and second degree. Every second burglary of an inhabited dwelling, house, vessel, floating home, or trailer degree coach, or the inhabited portion of any other building, is burglary of the first degree and carries an enhanced penalty. (Penal Code Section 460) All other crimes of burglary are second-degree burglary. Examples A woman knew that her boss owned several expensive coins and kept them at his home. While he was away on business, she decided to go to his apartment to steal his coin collection. She entered the apartment with the key he kept in his desk at the office. She went to the drawer where the coins were stored; however, they weren’t there. She quickly left the apartment. She committed the crime of burglary as she entered his house with the intent to commit a theft. Continued on next page LD 6: Chapter 1 – Identifying and Classifying Crimes Related to Theft 1-25 Burglary, Continued Examples A man entered an apartment by the window with the intent (continued) to rape the woman who lived there. As he was sneaking to the woman’s bedroom, her doorbell rang. The woman answered her door and left with the person who was at the door. The suspect decided to leave and was caught by the security guard while climbing out the window. The suspect committed burglary as he intended to commit a felony (rape) when he entered her apartment, even though the rape was not completed. Related The table below shows the additional penal code sections which deal with statutes particular instances of the crime of burglary. Circumstance of Crime Crime Penal Code Classification Section Looting during an emergency felony or 463(a),(b), misdemeanor (c) Opening or attempting to open a vault, felony 464 safe, or secure device with any device capable of burning through steel, concrete, or any other solid substance 1-26 LD 6: Chapter 1 – Identifying and Classifying Crimes Related to Theft Shoplifting Definition The crime of shoplifting is entering a commercial establishment with intent to commit larceny while that establishment is open during regular business hours, where the value of the property that is taken or intended to be taken does not exceed $950. Penal Shoplifting is covered under Penal Code Section 459.5. code section Crime To arrest a subject for shoplifting, the necessary crime elements include: elements the entry to a commercial establishment with the intent to commit larceny during regular business hours the value of the property to be taken or intended to be does not exceed $950 Classification The crime of shoplifting is a misdemeanor. LD 6: Chapter 1 – Identifying and Classifying Crimes Related to Theft 1-27 Possession of Burglary Tools Definition The crime of possession of burglary tools involves possessing, making, altering, or repairing almost any kind of instrument or tool with the intent to use the tool to break or enter into a specified structure to commit any misdemeanor or felony. Penal Possession of burglary tools is covered under Penal Code Section 466. code section Crime To arrest a subject for possession of burglary tools, the necessary crime elements elements include: the possession of certain tools knowingly making, altering, or attempting to make a key or other instrument to fit or open the lock of a building without legal request with the intent to break or enter into any specified structure for the purpose of committing any misdemeanor or felony Classification The crime of possession of burglary tools is a misdemeanor. Continued on next page 1-28 LD 6: Chapter 1 – Identifying and Classifying Crimes Related to Theft Possession of Burglary Tools, Continued Related To understand information about possession of burglary tools, peace officers terms need to become familiar with the following terms. Specified structures, in relation to the crime of possession of burglary tools, can include houses, stores, warehouses, barns, and tents. (Penal Code Section 459) Specific tools that can be used for burglaries include, but are not limited to: - pick lock - water pump pliers - slide hammer - slim jim - key bit - tension bar - crowbar - lock pick gun - screwdriver - tubular lock pick - floor safe door puller - ceramic or porcelain spark plug chips - vise grip pliers Maker’s It is the responsibility of the person who is making, altering, or repairing the responsibility tool to determine the requestor’s right to have the item made or altered. Example: A locksmith was called to a house where a man claimed to have lost his keys. The locksmith requested identification from the man that included an address that matched the address of the house. Because the man could not produce any identification, the locksmith did not open the door and make new keys for the locks. Continued on next page LD 6: Chapter 1 – Identifying and Classifying Crimes Related to Theft 1-29 Possession of Burglary Tools, Continued Examples At 3:30 a.m., a woman was seen at the rear door of a closed building in an area where a number of recent burglaries had taken place. The officers stopped their vehicle and asked her if she needed any help. She acted nervous and shifted her weight from foot to foot. In doing so, a set of lock picks fell from her pocket. When she could not credibly answer why she had the picks, the officers could arrest her for possession of burglary tools. An employer asked his employee to have a copy of the master key made for the new vice president. The employee changed the number of keys on the request form and kept the extra key, planning to enter his employer’s office after hours and steal office equipment. The employer noticed that an additional key was billed on the receipt and confronted the employee, who admitted the deceit. The employee committed the crime of possession of burglary tools by having a key made with intent to commit a theft. 1-30 LD 6: Chapter 1 – Identifying and Classifying Crimes Related to Theft Burglary Investigations Felonious For the crime of burglary to be complete, it must be shown that the burglar intent entered the building or structure for the purpose of committing grand theft, petty theft, or some other felony offense (e.g., assault, rape, mayhem, arson, murder, etc.). Without this specific intent, the individual may have committed a different crime, such as unauthorized entrance or trespass, but not burglary. Accordingly, it is key that officers attempt to identify evidence that will infer that the accused intended to or actually committed theft or another felony offense, when he or she entered the building or structure (e.g., possession of stolen property linked to a specific crime scene). Burglary Burglars can be characterized in three general categories based on the skills offenders required, the types of buildings or structures entered, or types of property stolen. By recognizing certain features, officers may be able to better identify the type of individual who committed the crime. The following table identifies these three categories. Category Additional Information Juvenile Usually an opportunist who looks for easy access (i.e., unlocked doors or windows) Often targets residences or schools Primary interest is mischief or needless destruction of property Although no specific intent to steal, may take items for personal use (e.g., liquor, small electronic equipment) Continued on next page LD 6: Chapter 1 – Identifying and Classifying Crimes Related to Theft 1-31 Burglary Investigations, Continued Burglary Category Additional Information offenders (continued) Amateur Crime committed for monetary reasons to satisfy a personal need (e.g., illegal drug habit) Targets sites with poorly secured doors or windows May engage in the destruction of property while searching for valuable items to steal Usually only takes items that can be easily sold Professional Highly skilled Makes a living committing burglaries Carefully selects targets Plans each step in advance Selects the most opportune time May use specialized tools to gain entry Targets specific items to steal Initial When responding to a burglary, officers should take into account the response following guidelines. Action Guidelines Approach Approach quickly and safely and arrival Avoid excessive noise, if possible, so as not to alert suspects who may still be in the area Use extreme caution, whether the burglary is in progress or the suspect has already fled the crime scene Continued on next page 1-32 LD 6: Chapter 1 – Identifying and Classifying Crimes Related to Theft Burglary Investigations, Continued Initial Action Guidelines response (continued) Approach Approach each burglary scene as if it were a robbery in and arrival progress (continued) Remain alert for individuals who are running, walking unusually fast or appear nervous or out of place Initial Establish the presence or absence of suspects assessment Verify that a crime has occurred Identify and arrest suspect(s), if appropriate Establish/contact the owner/occupant of the building or structure and obtain identification information (e.g., name, address, etc.) Provide dispatch with pertinent information Request additional law enforcement support, if necessary Securing of Establish perimeters the crime Control access to the crime scene area scene Surveying With the owner/occupant present, conduct a walk- the crime through of the crime scene scene Determine entry and exit points Check if security alarms were properly set, tampered with, or not working Attempt to map out the suspect’s movements and actions Identify what has been moved, displaced, or damaged Continued on next page LD 6: Chapter 1 – Identifying and Classifying Crimes Related to Theft 1-33 Burglary Investigations, Continued Initial Action Guidelines response (continued) Surveying Determine what was taken the crime Take note of items that were not taken scene Examine areas outside the crime scene for possible (continued) evidence Victim/ Obtain a detailed description of each item taken (e.g., witness identifying characteristics, serial numbers, etc.) interview(s) Determine who was last at the property and everyone who may have had access to the premises Identify a time period in which the burglary may have occurred Ask if the property was insured and, if so, for how much Ask for names of persons the victim may consider to be possible suspects Canvass the area for possible witnesses (e.g., neighbors, children, utility/construction crews in the immediate vicinity, store owners in the area, school officials, etc.) Determine if witnesses: - observed any strangers in the area - saw any vehicles in the area that did not belong - were aware of anyone ringing door bells or attempting to solicit anything in the area recently - heard any loud or unusual noises - know of previous burglary incidents Identify other possible sources of information Continued on next page 1-34 LD 6: Chapter 1 – Identifying and Classifying Crimes Related to Theft Burglary Investigations, Continued Initial Action Guidelines response (continued) Evidence Document the existence of any physical evidence using collection photographs, video tape, rough sketches, and field notes Use appropriate methods for the collection and preservation of physical evidence Investigative Collect all available information necessary to write a report clear and accurate investigative report (i.e., what, when, where, who, how, and why) NOTE: Initiate a crime broadcast if applicable. Modus The crime of burglary is often considered predominantly a serial crime operandi committed by individuals who use consistent methods based on their skills, experience, and needs. For this reason, by attempting to identify a specific modus operandi, or mode of operation (MO), officers may be able to link a suspect to a particular crime scene. Continued on next page LD 6: Chapter 1 – Identifying and Classifying Crimes Related to Theft 1-35 Burglary Investigations, Continued Modus The following table identifies a number of possible considerations when operandi establishing an MO for a completed burglary. (continued) Possible Considerations Target Nature of the neighborhood Selection Type of business, residence, or structure Public visibility of area Degree of skill necessary Time required to gain entry Knowledge of layout or possessions within the building or structure Specific time of day Point and Location of entry and exit Manner of Method of gaining entry such as: Entry - use of hidden key - slipped, pulled, or picked lock - broken window or door - unlocked/open window or door - garage door opener - co-conspirator(s) Use of specific tools (e.g., crowbar, bolt cutter, etc.) Continued on next page 1-36 LD 6: Chapter 1 – Identifying and Classifying Crimes Related to Theft Burglary Investigations, Continued Modus Possible Considerations operandi (continued) Actions During Specific room(s) or area(s) targeted (e.g., bedroom the Crime for jewelry, bathroom for prescription medications, family room for electronic equipment, etc.) Amount and type of damage (e.g., graffiti on walls, defecating or urinating on floors or furnishings, specific equipment destroyed or damaged, etc.) Particular symbols or writing left behind as notes, graffiti, etc. Property Stolen Type and nature of specific property stolen Property left behind Continued on next page LD 6: Chapter 1 – Identifying and Classifying Crimes Related to Theft 1-37 Burglary Investigations, Continued Evidence Responding officers need to be aware of the forms of physical evidence that considerations may be collected from a burglary crime scene. The following table presents different types of evidence that may be found. Evidence Examples Entry marks Tool marks Pry marks Broken or pried locks Kicked doors Chipped paint Fingerprints At the point of entry/exit On items that are moved or damaged On items left behind (e.g., cigarette butts) Burglary Cutting or burning instruments tools Wrenches Screw drivers Bolt cutters Portable key cutters Lock picks Other Shoe or tire impressions Glass fragments Broken lights (e.g., entryway, outdoor fixtures, etc.) NOTE: This list is not intended to be all inclusive. There are numerous other forms of physical evidence that may be found at the crime scene. Continued on next page 1-38 LD 6: Chapter 1 – Identifying and Classifying Crimes Related to Theft Burglary Investigations, Continued Providing Investigating officers should provide the victim(s) of a burglary with certain information information before leaving the crime scene. This information should include: a description of any necessary follow-up procedures that will take place at a later time a method to reach the primary investigating officer if the individual discovers additional stolen items or information a case number possible prevention measures that could aid in preventing similar crimes in the future NOTE: Agency policy and procedures may also dictate the type and nature of information to be provided to the victim. LD 6: Chapter 1 – Identifying and Classifying Crimes Related to Theft 1-39 Possessing or Receiving Personal Property with Altered Serial Numbers or Identification Marks Definition The crime of possessing or receiving personal property with altered serial numbers or identification marks requires knowledge of the alteration(s). Penal Possessing or receiving personal property with altered numbers or code identification marks is covered under Penal Code Section 537e. section Crime To arrest a subject for possessing or receiving personal property with altered elements serial numbers or identification marks, the necessary crime elements include: any person who knowingly buys, sells, receives, disposes of, conceals, or has in possession any personal property from which the manufacturer's serial number or any other distinguishing number or identification mark has been removed, defaced, covered, altered, or destroyed. Classifications The crime of possessing or receiving personal property with altered serial numbers or identification marks is a misdemeanor, unless the item is an integrated computer chip or panel with a value of $950 or more. Continued on next page 1-40 LD 6: Chapter 1 – Identifying and Classifying Crimes Related to Theft Possessing or Receiving Personal Property with Altered Serial Numbers or Identification Marks, Continued Related To understand information about alteration of serial numbers, peace officers term need to be familiar with the following term. Personal property includes, but is not limited to: television technical or scientific equipment radio bicycle telephone exercise equipment any musical instrument electrical or mechanical equipment any sound equipment watch, watch movement, or case household appliance/furnishing any vehicle or vessel office equipment/furnishing computer parts Examples An officer walked into a pawn shop while on duty. She noticed that a television had its serial number scratched off. When she asked the owner about the television, the owner admitted that he knew the numbers were altered when he purchased the television. The owner knowingly bought and attempted to sell a television with altered serial numbers which is a crime. A woman was selling computers from the back of a truck. A potential customer looked at the computers and realized that the serial numbers were missing from the monitors and computer units. He called the police who arrested the woman for knowingly selling property with altered serial numbers. Continued on next page LD 6: Chapter 1 – Identifying and Classifying Crimes Related to Theft 1-41 Possessing or Receiving Personal Property with Altered Serial Numbers or Identification Marks, Continued Related The table below shows the additional penal code sections which deal with statutes particular instances of alteration of serial numbers. Circumstance of Crime Crime Code Classification Section Tampering with vehicle identification misdemeanor Vehicle Code numbers 10750 and 10751 Tampering with identification marks on a felony Penal Code tear gas weapon 12422 NOTE: For firearms and tear gas weapons, mere possession is sufficient to arrest. 1-42 LD 6: Chapter 1 – Identifying and Classifying Crimes Related to Theft Receiving Stolen Property Definition The crime of receiving stolen property is receiving, buying, selling, concealing, or withholding any property knowing that it has been stolen or obtained by extortion. Penal Receiving stolen property is covered under Penal Code Section 496(a). code section Crime To arrest a subject for receiving stolen property, the necessary crime elements elements are: every person who knowingly buys, receives, conceals, sells, withholds, or aids in concealing, selling or withholding, any property obtained by theft or extortion. NOTE: If the person in possession of the stolen property is the thief, the correct charge is theft. Classification The crime of receiving stolen property is a misdemeanor if the value does not exceed $950. “super strike” Continued on next page LD 6: Chapter 1 – Identifying and Classifying Crimes Related to Theft 1-43 Receiving Stolen Property, Continued Possession Mere possession of property that has been stolen is insufficient to prove the crime. The possession must be coupled with circumstances that show the person knew or reasonably should have known that the property was stolen or obtained by extortion. These circumstances can include: the selling of property at an inadequate price flight assuming a false name sale of property with identification numbers removed failure to account for its possession giving false testimony effort to throw away the stolen property inability to establish existence of person from whom property was received NOTE: Two or more persons may have joint possession if they have dominion and control. Continued on next page 1-44 LD 6: Chapter 1 – Identifying and Classifying Crimes Related to Theft Receiving Stolen Property, Continued Examples A man stole $2000 in jewelry. He gave an engagement ring and a diamond necklace to his girlfriend and admitted that he had stolen them. When he was arrested, she hid the jewelry and claimed she never received them. The police obtained a search warrant and found the jewelry hidden in her apartment. She committed the crime of receiving stolen property because she concealed property known to be stolen. A tourist was approached outside a department store by a man who offered to sell him a gold designer watch, normally priced at $3500, for $250. The tourist suspected that the watch may have been stolen because of the unusually low price, but he proceeded and bought the watch with cash. The tourist committed the crime of receiving stolen property because of the circumstances in which he bought the watch (inadequate price, not reputable seller). LD 6: Chapter 1 – Identifying and Classifying Crimes Related to Theft 1-45 Forgery Definition The crime of forgery is signing the name of another or of a fictitious person, without authority or otherwise altering a document with the intent to defraud. Penal Forgery is covered under Penal Code Section 470. code section Crime To arrest a subject for forgery, the necessary crime elements include: elements the intent to defraud, make, utter, publish, pass, or attempt to pass an altered, forged, or counterfeit document or seal or signs an unauthorized or fictitious name. Classification The crime of forgery is a misdemeanor if the value does not exceed $950. “super strike” Documents Documents used in the crime of forgery must be instruments that, if genuine, would have a legal significance. Examples of documents of this type include: deeds mortgages wills lottery tickets negotiable instruments (checks, money orders) contracts Continued on next page 1-46 LD 6: Chapter 1 – Identifying and Classifying Crimes Related to Theft Forgery, Continued Examples An office worker changed the amount due on a bill from $150 to $1500. When the bill was paid, she kept the extra money. The office worker committed forgery because she altered the document without authorization. A man found a checkbook outside a grocery store. He went into the store and bought $130 worth of groceries. He signed the check with the name in the checkbook. The man committed the crime of forgery because he was not authorized to sign the check. Related The table below shows the additional penal code sections which deal with statutes particular instances of the crime of forgery. Circumstance of Crime Crime Penal Code Classification Section Falsification, alteration, etc., of a driver Felony: 470a license or identification card to facilitate greater than the commission of forgery $950 Misdemeanor: Possession or display of a driver license 470b $950 or less) or identification card with intent to commit forgery Uttering or passing a check, money order, 475a or warrant with intent to defraud Making, passing, or uttering a fictitious 476 bill Forgery of state, corporate or official seals felony 472 Identity theft felony 530.5 LD 6: Chapter 1 – Identifying and Classifying Crimes Related to Theft 1-47 Chapter Synopsis Learning need Arrest depends on the development of probable cause. Successful prosecution depends on the collection of evidence. Peace officers need to know the elements required to arrest for crimes related to theft and the successful identification and collection of admissible evidence and correctly classify these crimes as misdemeanors or felonies. Theft The taking and carrying away of the personal property of another without the [6.01.1] consent of the owner. Vehicle A person drives or takes a vehicle of another person without the consent of the theft owner. [6.01.2] Defrauding Obtaining any food, fuel, services or accommodations at a designated facility an innkeeper without paying with the intent to defraud. [6.01.3] Burglary Entering any designated building or structure with the intent to commit theft. [6.01.7] Shoplifting Entering a commercial establishment with intent to commit larceny while that [6.01.17] establishment is open during regular business hours. Possession of Involves processing, making, altering, or repairing almost any kind of burglary tools instrument or tool with the intent to use the tool to break or enter into a [6.01.8] specified structure. Continued on next page 1-48 LD 6: Chapter 1 – Identifying and Classifying Crimes Related to Theft Chapter Synopsis, Continued Possessing/ Possessing or receiving personal property with altered serial numbers or receiving identification marks requires knowledge of the alterations. altered personal property [6.01.9] Receiving Receiving, buying, selling, concealing, or withholding any property knowing stolen it has been stolen or obtained by extortion. property [6.01.10] Forgery Signing the name of another, or of a fictitious person, without authority, or [6.01.12] otherwise altering a document with the intent to defraud. Crime All of the crimes discussed in the chapter are either a felony or misdemeanor. classification [6.01.14] Preliminary When conducting a preliminary investigation, officers should approach investigation quickly and safely. Make an initial assessment of the scene to verify a crime [6.01.15] has taken place and the presence or absence of suspects. Secure the crime scene and survey it with owner/occupant to determine what was stolen. Conduct victim/witness interview(s). Collect any possible evidence and write a clear and accurate investigative report. Victims/ When conducting victim/witness interviews make sure to obtain detailed witness information as much as possible. interview [6.01.16] LD 6: Chapter 1 – Identifying and Classifying Crimes Related to Theft 1-49 Workbook Learning Activities Introduction To help you review and apply the material covered in this chapter, a selection of learning activities has been included. No answers are provided. However, by referring to the appropriate text, you should be able to prepare a response. Activity 1. Could a woman found trying to break into her neighbor’s home by using a questions credit card to jimmy the front door be arrested for possession of burglary tools along with other cr