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Alpo

Latest cop-type question

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I've heard that they can't stop you for shoplifting unless you try to leave the store with the merchandise.

 

Would it be the same thing for burglary?

 

If you illegally entered the building and packed up all the money in a little bag, and then headed for the door, but the cops arrested you before you actually took the money outside the premises, can they still arrest you? Have you committed a crime?

 

The things you think of while watching Charlie's Angels.

 

 

 

 

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Burglary is breaking into a building, or possibly any illegal entry into a building, with the intent to commit a crime. 

 

I suspect that just the illegal entry could be considered as the intent. 

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The old common law definition of burglary, that I learned back in criminal law class, is "The breaking and entering of the dwelling place of another, at nighttime, with the intent to commit a crime within." Of course, different states define crimes differently.

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Burglary definition in Alabama is "Entering and remaining unlawfully in a building with intent to commit a crime therein".  The level of the intended crime and the type of structure dictates the level of the burglary charge.  

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I was going to give the Alabama law, but Lawman Mark beat me to it.  There is no need to wait for the perp to exit the building, or to take anything for that matter.

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In Missouri

A person may be charged with burglary in the first degree if he or she commits the crime of burglary in the second degree, and additionally, he or she is armed with a weapon; or the person causes or threatens injury to another person; or another person is present in the building or inhabitable structure.

 A person commits the offense of burglary in the second degree when he or she knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure for the purpose of committing a crime therein.

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11 hours ago, Alpo said:

I've heard that they can't stop you for shoplifting unless you try to leave the store with the merchandise.

 

Would it be the same thing for burglary?

 

If you illegally entered the building and packed up all the money in a little bag, and then headed for the door, but the cops arrested you before you actually took the money outside the premises, can they still arrest you? Have you committed a crime?

 

The things you think of while watching Charlie's Angels.

 

 

 

 

 

Let's be clear on one thing:  The law is different everywhere you go.  So the answer to your question is, "It depends."  It depends on how the law is written wherever you happen to be located.

 

For example, in Colorado where I worked in LE, your assumption about shoplifting is incorrect.  The statute here specifically says that "concealing goods" is "prima facia" evidence of shoplifting.  So you do NOT have to attempt to leave the store; you merely have to conceal goods and can be charged.

 

The same is true with burglary.  From your description, you're asking about what Colorado would call 2nd Degree Burglary, or simply breaking in to commit another crime on top of the illegal entry; often times the subsequent crime is theft.  1st Degree Burglary is an armed home invasion, so not really in question here.  But remember, it's different everywhere.  In Colorado, your intent to commit the subsequent crime after the illegal entry is exhibited by packing up all the money in a little bag.  Boom, 2nd Degree Burglary, don't hit your head on the cruiser door.

 

Breaking in is a crime in the first place, so even if the law where written differently, you would still be arrested for that.  In Colorado, it would be 1st Degree Criminal Trespass, also a felony.  So the bottom line is, stay out of other peoples' things.

 

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56 minutes ago, Smoken D said:

A person may be charged with burglary in the first degree if he or she commits the crime of burglary in the second degree, and additionally, he or she is armed with a weapon

So if he breaks into my house - second degree burglary - and steals my gun, he now has a weapon so it becomes first-degree?

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This I know here in E.TN.

I can walk into Lowes, Walmart and a few other places that have a 'drink' refrigerator full of cold Pepsi/Coke, etc.....

 

I can grab one of them Cold Pepsi's, and walk around the store drinking it and when I check out, just show the

cashier the empty bottle.   There's never a word about paying before consuming..... kinda like a restaurant.

 

I hope that is never considered shoplifting or such.  If so..... I hope Blackwater will come get me outa hootscow.

 

..........Widder

 

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26 minutes ago, Alpo said:

So if he breaks into my house - second degree burglary - and steals my gun, he now has a weapon so it becomes first-degree?

 

If someone is in the house other than the burglar/burglars.

But, in Missouri it will depend on the county where crime is committed. I don't want to go into that one.

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