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lbhsbz

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Question about how things were prior to Prop 47 and all the other bullshit that was passed in CA to decriminalize a lot of acts...

I walked out to my truck this morning to find the contents of the glove box and center console thrown everywhere...and both front doors were ajar. I checked my cameras and have pretty decent footage of the assholes. Now, nothing was stolen because the only thing of value in the truck was pair of $200 sunglasses...which are still there. Local PD came out but couldn't take a report because A, nothing was stolen, B, nothing was damaged and C, since nothing was damaged, obviously the truck was unlocked...therefore, no crime was committed. Without a crime, there can be no charges...with no charges, evidence doesn't matter so they simply gave me an incident report card and left. I completely understand and agreed with them after they explained it to me. The had no interest in even watching the vids.

Before prop 47 and the rest of it, was there a manner in which to charge or at least pursue leads on stuff like this or has it been relatively untouchable for long before that?
 
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WhatExit?

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How is going through your truck not a crime??
Cmon Dave, this is 2020 and criminals and illegals have more "rights" than ever. Especially in Kookiefornia where the politicians have instituted "catch and release" from jail to save $ and lawsuits from overcrowding.
 

lbhsbz

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How is going through your truck not a crime??
Without theft, all I guess there can is trespassing, but without “no trespassing” signs posted and according to the officers...without having them refused to leave after you asked them, there is no crime.


There was an incident that I read about (and the officers told me about) not long ago where a guy caught 3 people going through his unlocked car in a public parking lot and the officers were able to catch the guys in the act, but without having stolen anything and since the vehicle was unlocked...after checking for warrants, had to let the guys go without any sort of citation.

It’s mind boggling.
 

lbhsbz

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You can't get them on trespassing? If not, you should have rummaged through the Leo's vehicle. You know, since it's not a crime.
I like to keep the LEO on my side...and will do everything I can to support them in their efforts and not be a dickhead. It’s not their fault they have their hands tied.
 

lbhsbz

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I’m not sure what the answer is...besides to source an off record weapon, catch them in the act...drag them in your house after breaking a window, shooting them in the face with your registered and legal weapon (in self defense) and planting said off record weapon on them...that they pointed at you seconds earlier. It’s the only way I can think of to get started on solving the problem. I’m really not sure what else can be done to get these assholes off the street.
 

oldschool

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How is going through your truck not a crime??
Exactly. It most certain if should be some kind of a crime, even if it trespassing. The fact that it needs to be posted is such bullshit, if it’s not your car you shouldn’t be in it. Same goes with private property, if there’s a gate and it’s closed(not locked) you shouldn’t go through it without permission.
I had an incident a few years ago where some fucksticks reached through my car window(window was down part way) opened the door and took a Sirius radio. I chased them down but after they started blowing stop signs decided it was better to stop. I called the local PD and was asked how much is the radio worth, maybe $50, officer said he would have just written a ticket and let them go if they were caught. Unreal.
 

t&y

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Question about how things were prior to Prop 47 and all the other bullshit that was passed in CA to decriminalize a lot of acts...

I walked out to my truck this morning to find the contents of the glove box and center console thrown everywhere...and both front doors were ajar. I checked my cameras and have pretty decent footage of the assholes. Now, nothing was stolen because the only thing of value in the truck was pair of $200 sunglasses...which are still there. Local PD came out but couldn't take a report because A, nothing was stolen, B, nothing was damaged and C, since nothing was damaged, obviously the truck was unlocked...therefore, no crime was committed. Without a crime, there can be no charges...with no charges, evidence doesn't matter so they simply gave me an incident report card and left. I completely understand and agreed with them after they explained it to me. The had no interest in even watching the vids.

Before prop 47 and the rest of it, was there a manner in which to charge or at least pursue leads on stuff like this or has it been relatively untouchable for long before that?
Uhhhh lol..... Those cops are partially correct. Yes they trespassed. And yes, we all know the intent was to commit a theft. In California even though letter of the law says there were laws broken, no court is going to press charges or even get a case filing out of any of that. So the cops ABSOFUCKINGLOOTLY could have taken a police report and documented the incident, but it would go just about as far as a detailed log entry in their call for service which is what they gave you.

If I had my trainee I would have wrote an attempted theft, detailed everything you told me, took copies of the video as evidence, and turned the report in.

Other issue is Prop 47. If the vehicle was locked it would be felony vehicle burglary upon arrest but more than likely prosecuted as a misdemeanor. Prior to Prop 47 it wouls stay a hard felony.

Lock your car next time, and how are you so sure there was nothing taken? I just realized one of the things the tweakers got outta my truck was my red key to Rahaugees. I'm more pissed about that at this point then my deductible on my insurance for the repair to the ignition and doors.
 

Tank

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How is going through your truck not a crime??
It’s a very grey area and somewhat of a loophole in the law. There is a section for vehicle tampering but there’s specific Elements that have to be met and most DA’s and defense attorneys feel it needs to meet the criteria of breaking something on the car while tampering. Also, the jury instructions and penalties basically aren’t worth a DA’s time to file charges because in this day and age it would just be differed to probation because of prop 47 AB-109 and prop57.

If this exact situation happened 10 years ago and the dude was caught red handed he’d be arrested and would most likely plea a deal and do a little jail time (few days) probably and get probation. Now a days charges dropped. Criminals know the charges will be dropped because there’s no teeth. Jails kicking people out as fast as they can. prop 47 57 and AB109 have crippled enforceable law.
 

FishSniper

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Question about how things were prior to Prop 47 and all the other bullshit that was passed in CA to decriminalize a lot of acts...

I walked out to my truck this morning to find the contents of the glove box and center console thrown everywhere...and both front doors were ajar. I checked my cameras and have pretty decent footage of the assholes. Now, nothing was stolen because the only thing of value in the truck was pair of $200 sunglasses...which are still there. Local PD came out but couldn't take a report because A, nothing was stolen, B, nothing was damaged and C, since nothing was damaged, obviously the truck was unlocked...therefore, no crime was committed. Without a crime, there can be no charges...with no charges, evidence doesn't matter so they simply gave me an incident report card and left. I completely understand and agreed with them after they explained it to me. The had no interest in even watching the vids.

Before prop 47 and the rest of it, was there a manner in which to charge or at least pursue leads on stuff like this or has it been relatively untouchable for long before that?
I believe it may be classified as vehicle tampering or something to that effect but is not something that would ever get pursued. The unfortunate fact is in this state stuff like this even if they had taken items there likely would not have been much done especially if under 950. Petty theft in CA is hardly even a crime anymore and the criminals know it. They will do crime exactly like this knowing even if they get caught nothing is going to happen to them.
 

lbhsbz

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Uhhhh lol..... Those cops are partially correct. Yes they trespassed. And yes, we all know the intent was to commit a theft. In California even though letter of the law says there were laws broken, no court is going to press charges or even get a case filing out of any of that. So the cops ABSOFUCKINGLOOTLY could have taken a police report and documented the incident, but it would go just about as far as a detailed log entry in their call for service which is what they gave you.

If I had my trainee I would have wrote an attempted theft, detailed everything you told me, took copies of the video as evidence, and turned the report in.

Other issue is Prop 47. If the vehicle was locked it would be felony vehicle burglary upon arrest but more than likely prosecuted as a misdemeanor. Prior to Prop 47 it wouls stay a hard felony.

Lock your car next time, and how are you so sure there was nothing taken? I just realized one of the things the tweakers got outta my truck was my red key to Rahaugees. I'm more pissed about that at this point then my deductible on my insurance for the repair to the ignition and doors.
Thank you.

As far as nothing taken...not 100% sure, the only things laid out everywhere was trash paperwork and receipts ... which ironically, I’d walked out this morning to go through and dispose of...it was all nicely laid out, so that made things easier.

Can’t find my current reg. Doc, but that may be in my tax return pile that did the other day....

I suppose I could have made something up...like I had my grandma’s wedding ring or something in the console that got taken, but I try not to bullshit those trained in sifting through bullshit.

I hit the button on the remote, but sometimes it works...sometimes it doesn’t. While I have the opinion that those claiming this was my fault for not locking my truck can get fucked...I also understand that the truck not being locked didn’t help matters.

Fuckers should still be strung up for going after other people’s shit.
 

boatpi

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When it comes to theft unless the total loss exceeds $100,000 if the judge is not put in a position to put them in state prison so a person could go around and break into 1000 trucks but it’s a loss in totality does not exceed $100,000 technically he could be out on the street in hours for everyone and never spend any time in the big boy jail.

You can thank the dumbass California voters and Zuckerberg for this he’s the one that funded all the false ads on TV and got all the bleeding hearts to vote for this.
 

lbhsbz

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After reviewing the video...sure seems like he had something in his hand @ about 3:40 (paperwork?) that he didn't have at the beginning when he walked up...which means something was taken


This is from a WYZE cam BTW...I'm fairly impressed for $20.
 

poncho

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After reviewing the video...sure seems like he had something in his hand @ about 3:40 (paperwork?) that he didn't have at the beginning when he walked up...which means something was taken


This is from a WYZE cam BTW...I'm fairly impressed for $20.
Seeing strangers walking onto your property at night freaks me out, not going to end well.
 

SBMech

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God Damn. VIOLATED!

I bet you are stomping mad, I would be. Unbelievable that it's perfectly fine for someone to just rummage through your vehicle with no repercussions.

Fuck thieves!
 

lbhsbz

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God Damn. VIOLATED!

I bet you are stomping mad, I would be. Unbelievable that it's perfectly fine for someone to just rummage through your vehicle with no repercussions.

Fuck thieves!
The only thing that pisses me off (aside from the obvious) is I have no idea what piece of paperwork is in that assholes hand as he approaches the passenger side of the truck.

But, my new goal for this week is to contact all the shitty people I know around here and find that out.


I don’t let things go very easily....it’s a problem I have.
 
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jetboatperformance

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The theft of My Blown Day cruiser a couple years back was treated as "routine" IMO , Officer and field tech waited till later to even write it up, didnt take custody of the evidence (lots at the scene ) then treated me like a crook when I followed up asking questions , It was only after the SO and CHP got involved because it also involved a County vehicle (used in the theft ) That that theft got any real attention... BTW FWIW the perp who plead no contest and was sentenced last week (still wont give up the boat)
 

CobraDave

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I have a buddy from Kenya who just last week said in Kenya a guy snagged a purse off of a female and ran. The whole town started chasing him. Then put two or three car tires around him and lit him on fire. Just sayin.....


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CobraDave

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Not much theft in that town.


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lbhsbz

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I have a buddy from Kenya who just last week said in Kenya a guy snagged a purse off of a female and ran. The whole town started chasing him. Then put two or three car tires around him and lit him on fire. Just sayin.....


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Shhhhhh...don't ruin the surprise
 

LargeOrangeFont

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How is going through your truck not a crime??

Replace truck with house and you get the same results if you leave your doors open or unlocked at your home.

You leave your screen door open at night, find someone in your house and assault them or even shoot them, you will be in a legal shit storm if they were not threatening you.

Close and lock your shit. Always.
 

LargeOrangeFont

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I have a buddy from Kenya who just last week said in Kenya a guy snagged a purse off of a female and ran. The whole town started chasing him. Then put two or three car tires around him and lit him on fire. Just sayin.....


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What city? Do we have a RDP realtor and mortgage broker for Kenya?
 

lbhsbz

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Replace truck with house and you get the same results if you leave your doors open or unlocked at your home.

You leave your screen door open at night, find someone in your house and assault them or even shoot them, you will be in a legal shit storm if they were not threatening you.

Close and lock your shit. Always.
This is the unfortunate reality...but there are ways around it...if one is prepared to deal with such an incident. The police only show up if someone calls them.
 

tostark

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We would use 10852 of the Vehicle Code which is "Vehicle Tampering" for incidents like this (vehicle unlocked and misc items taken) and the City Prosecutor would file it as a misdemeanor. I am 3 years retired and not sure how they would handle it now.
 
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lbhsbz

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We would use 10852 of the Vehicle Code which is "Vehicle Tampering" for incidents like this (vehicle unlocked and misc items taken) and the City Prosecutor would file it as a misdemeanor. I am 3 years retired and not sure how they would handle it now.
If the vehicle owner could not identify the specific misc. items taken...would this still stick? Just wondering
Thanks for chiming in...
 
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RiverDave

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Replace truck with house and you get the same results if you leave your doors open or unlocked at your home.

You leave your screen door open at night, find someone in your house and assault them or even shoot them, you will be in a legal shit storm if they were not threatening you.

Close and lock your shit. Always.
I don’t understand the logic in that.. just because you don’t lock the door doesn’t mean it’s an open an invite to go in it?
So it’s not a crime if I go in a cop car thst not locked and Runnin GM and take a shot gun that’s worth 500-600 bucks? I just get a ticket?
 

CoolCruzin

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I’m not sure what the answer is...besides to source an off record weapon, catch them in the act...drag them in your house after breaking a window, shooting them in the face with your registered and legal weapon (in self defense) and planting said off record weapon on them...that they pointed at you seconds earlier. It’s the only way I can think of to get started on solving the problem. I’m really not sure what else can be done to get these assholes off the street.
Great idea ,fucking excellent
 

Havasu Surfer

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So given the current laws in effect, if the owner had caught the POS in the act, what level could you take it too to restrain and contain them until law enforcement shows up? Could the owner be charged for assault if they inflicted what I like to call restraining incidentals ie. broken fingers, hematoma on skull or busted out teeth?
 

LargeOrangeFont

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I don’t understand the logic in that.. just because you don’t lock the door doesn’t mean it’s an open an invite to go in it?
So it’s not a crime if I go in a cop car thst not locked and Runnin GM and take a shot gun that’s worth 500
-600 bucks? I just get a ticket?
It does not make sense, but that is how it it works. It is still a crime for the person to be in your home but speeding is a crime too. A person walking though your unlocked door is not breaking an entering.

You are comparing 2 things that are not the same. I never said the person in your house took anything. You are describing a felony.

Let’s be honest.. cops have an elevated status.. if I take a swing at a random person or take a swing at a cop in the same situation, those are 2 very different legal outcomes.

If you do walk in on some dude in the house and “take care of it” you better toss your house, and say he was threatening your life when the cops show up.

And wipe all your home security cameras lol.
 
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Mr. C

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I don’t understand the logic in that.. just because you don’t lock the door doesn’t mean it’s an open an invite to go in it?
So it’s not a crime if I go in a cop car thst not locked and Runnin GM and take a shot gun that’s worth 500-600 bucks? I just get a ticket?
Hahaha. You know better. Completely different set of rules.


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t&y

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I don’t understand the logic in that.. just because you don’t lock the door doesn’t mean it’s an open an invite to go in it?
So it’s not a crime if I go in a cop car thst not locked and Runnin GM and take a shot gun that’s worth 500-600 bucks? I just get a ticket?
Lol... NO. As usual you have to weed through the info in here. Not hard to tell the informed from the slightly perturbed responses:cool:.

As I and others have said, YES, IT IS A CRIME REGARDLESS OF LOCKED OR NOT. There are a couple different ways to approach it and basically those cops simply did not take a report when they "could" have.

Residential info re locked or not is flat out wrong. Residential Burglary is a Felony, period, locked door or not. What confuses many people is when we (meaning cops) start talking about how a DA will charge the crime based on the different jurisdictions.

That being said, if you have an un occupied dwelling, think completely empty (void of furniture, clothing, appliances, etc...) and someone breaks in it will be a trespass/vandalism versus a residential burglary.
 

t&y

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Replace truck with house and you get the same results if you leave your doors open or unlocked at your home.

You leave your screen door open at night, find someone in your house and assault them or even shoot them, you will be in a legal shit storm if they were not threatening you.

Close and lock your shit. Always.
This is wrong in regards to California law. Not sure where you are getting your info. What state do you live in?
 

LargeOrangeFont

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So given the current laws in effect, if the owner had caught the POS in the act, what level could you take it too to restrain and contain them until law enforcement shows up? Could the owner be charged for assault if they inflicted what I like to call restraining incidentals ie. broken fingers, hematoma on skull or busted out teeth?
Yea he could be charged if he went out and beat the shit out of the guy
 

t&y

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So given the current laws in effect, if the owner had caught the POS in the act, what level could you take it too to restrain and contain them until law enforcement shows up? Could the owner be charged for assault if they inflicted what I like to call restraining incidentals ie. broken fingers, hematoma on skull or busted out teeth?
Just like police, the force used has to be reasonable in regards to the threat you are facing. Many of these thieves carry knives, screw drivers, some guns, etc.... I'd approach all of them as if they were armed to the teeth until I could prove otherwise.

I've shown up on plenty of calls where a civilian used some kind of force to detain a suspect. It can get very sketchy if the person who initiated the "citizens arrest" can not articulate a crime, let alone the reason they did what they did to detain the person.

My suggestion will always be observe and call the cops unless there is an immediate threat against you or your family/friends/other victims life. Other than that, in todays society, you are far better calling and letting the cops deal with it. Every agency has Lawyers on stand by to deal with the law suit that will follow.
 

LargeOrangeFont

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This is wrong in regards to California law. Not sure where you are getting your info. What state do you live in?
From CA cops. Someone walking in my unlocked door is not “breaking and entering” are they? They aren’t burglarizing me at that point.
I live in CA, I can’t kill or even beat up a “trespasser” that is not a threat.
 
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lbhsbz

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From CA cops. Someone walking in my unlocked door is not “breaking and entering” are they? They aren’t burglarizing me at that point.
I live in CA, I can’t kill or even beat up a “trespasser” that is not a threat.
But it is if they pointed a big black gun at you. At that point, you feared for for your life and took action in self defense.


Or...
 

t&y

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From CA cops.. Someone walking in my unlocked door is not “breaking and entering” are they? They aren’t burglarizing me at that point.
I live in CA, I can’t kill or even beat up a “trespasser” that is not a threat.
Do they have lawful reason to be there? Are they suffering a medical emergency, lost seeking help, etc.

Here is the problem with many of these discussions. The original premise was someone "breaking into" a vehicle that was unlocked. Well, if you want to start splitting hairs they didn't break in to it at all, they simply opened the door. If they had no legal reason to do what they did, that was/is a crime. Then the residential issues come up, now we are talking about "what ifs?". We can go round and round all day and the answers will surely change, but if you don't understand the basic difference between a dwelling, detached garage, vehicle, you are going to run into a ton of confusion which results in bad info being put out just like in this thread.

If you are truly concerned with a Burglary, you should start by looking up the definition. In cali, it is 459 P.C. When you find the part about the residence having to be locked let me know. I will not be holding my breath because I actually like staying alive.

Lets try and make this simple. If I woke up to someone in my house in the middle of the night that was not invited, had no obvious medical issues, and did not appear to me that they were there for any reason other than to unlawfully enter my occupied home, I am going to assume they are there for nefarious reasons and act appropriately. If I feel they are a threat to my life or my family's life, that scenario will be over very quickly and I wouldn't think twice about using deadly force, locked door or not.

That is not to say deadly force is the only option available, and I'm not afraid to articulate my actions. I happen to have a bit of experience in doing so which can't be said for the majority of society. That is the reason I will continue to advise you or any body to call 911 and let the cops handle it, UNLESS you, your family, or some other victim's life is in danger at the very moment. Then you do what you have to do.
 

dribble

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Replace truck with house and you get the same results if you leave your doors open or unlocked at your home.

You leave your screen door open at night, find someone in your house and assault them or even shoot them, you will be in a legal shit storm if they were not threatening you.

Close and lock your shit. Always.
You are wrong on so many levels it's almost comical. California has a castle law. It's legal to shoot and kill an intruder in your home because the mere fact that he's there is a threat. Look it up.
 
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