CL Ch. 29 Receiving Stolen Property

Question 1

Receiving Stolen Property:

Is merely riding as a passenger in an automobile with stolen goods in the trunk sufficient to infer knowledge?

Answer 1

No.

Question 2

Receiving Stolen Property:

Stolen good over what amount, or 2nd offense regardless of value, allows Officers to arrest on Probable cause?

Answer 2

Over $250

Question 3

“Recently” stolen property: The term “recently has no fixed meaning. Whether property is considered recently stolen depends on its: (5)

Answer 3

1. type
2. size
3. appearance
4. marketability
5. any other relevant circumstances.

Question 4

Common sense factors that prove the suspect knew the property was stolen:

First 7 (13 total)

Answer 4

1. Carrying goods in a suspicious manner
2. unrealistically low price paid for goods
3. Cash payment required
4. Markings (price tags, ect) indicating true ownership of goods
5. Location for transfer, type of seller, and /or storage of good inconsistent with a legitimate sale
6. Substantial presence in area where items obviously dealt
7. Suspects prior record, fencing activities, or course of dealing with the thief

Question 5

Common sense factors that prove the suspect knew the property was stolen:

Second 6 (13 total):

Answer 5

8. Implausible explanation for source of goods
9. Possession of many stolen items
10. Possession of recently stolen property
11. Failure to keep records in the ordinary course of business, or to possess a receipt
12. Suspect’s admission
13. Fleeing the scene and discarding the items.

Question 6

Receiving Stolen Property:

Does suspect have to personally benefit?

Answer 6

No, although he typically does.

Ex. doing a personal favor for another = guilty

Question 7

Receiving Stolen Property:

Can someone be convicted of receiving stolen property, even though evidence would have proven larceny?

Answer 7

Yes.

Question 8

Receiving Stolen Property:

Can someone be convicted of both stealing and receiving the same good?

Answer 8

No.

Question 9

Receiving Stolen Property:

What determines the right of arrest and potential punishment?

Answer 9

The value of the stolen property.

Note: The value of the property may be proven by it’s owners testimony.

Question 10

Receiving Stolen Property:

Suspect must know or believe that the property was stolen. However is negligent failure to inquire about the source of the goods a valid defense?

Answer 10

No.

Also, he is guilty if he subsequently learns property is stolen and still decides to keep it.

Question 11

Receiving Stolen Property:

Exemption to proof that property was stolen:

Answer 11

Police Stings.

• suspect cannot later offer the technical defense that property furnished to him by police was not actually stolen.

Question 12

When can you arrest for Receiving Stolen Property? (2)

Answer 12

1. If value of stolen goods is over 250

or

2. 2nd or subsequent offense regardless of value

Question 13

When does receiving stolen property become a felony? (2)

Answer 13

1. 2nd or subsequent offense, regardless of value

or

2. The value of the property is over $1200

Question 14

Receiving Stolen Property:

Element 1:

There must be proof that property was stolen, however no need to prove: (2)

Answer 14

1. Identity of owner; or
2. Identity of thief

Note: Origin of property also irrelevant (ex stolen in another state- doesn’t matter, still stolen)

Question 15

Receiving Stolen Property:

Statute of Limitations (and when it begin)

Answer 15

• 6 year statute of limitations
• Begins on Initial concealment date

Note: Limitation period starts again from the date of any later act to further conceal the property.

Question 16

Receiving Stolen Property:

Venue:

Answer 16

Offenders may be prosecuted where the goods were stolen OR received.

• In addition, any court having jurisdiction over atleast 1 of these crimes may hear other related cases

Question 17

Receiving Stolen Property:

Elements: (3)

Answer 17

1. Stolen or fraudulently obtained
2. Knowledge
3. Possession

The suspect possessed property that was originally stolen, embezzled, or obtained by fraudulently pretending to be a legitimate business; The suspect knew that the property was stolen of fraudulently obtained; and the suspect bought, received, possessed, or aided in its concealment.

Question 18

Receiving Stolen Property:

ROA:

Answer 18

If value of stolen goods over $250 or 2nd offense regardless of value= Warrantless Arrest on Probable Cause

If value less that $250 and first offense= Complaint and confiscate the stolen property

Question 19

Receiving Stolen Property:

Element 2:

Is negligent failure to inquire about the source of the goods enough to show sufficient knowledge that they were stolen?

Answer 19

No.

Consider the common sense factors.