Shoplifting/Receiving Stolen Property

Question 1

Shoplifting right of arrest

Answer 1

On PC

Question 2

For shoplifting charge, does “guilty-filed” disposition count as prior offense?

Answer 2

Yes

Question 3

What is the restitution amount for shoplifting?

Answer 3

The owners wholesale cost for the goods. Not their retail price, unless owner can prove goods were already sold to someone

Question 4

Police may only charge shoplifting (not larceny) if retail value is less than:

Answer 4

$250

Question 5

Police may charge larceny when shoplifting involves good worth _____ or more

Answer 5

$250

Question 6

Can shoplifting also be larceny from a building?

Answer 6

No because the goods are protected by employees and not the building itself

Question 7

Jurisdiction for shoplifting cases

Answer 7

Any court having jurisdiction over atleast 1 shoplifting event

Question 8

What civil damages may merchant seek from shoplifter?

Answer 8

May only collect actual and additional damages
Actual=amount necessary to fix or replace item

Question 9

When seeking civil damages from shoplifter, “additional damages” are limited to a maximum of $50 when the value of the stolen or damaged property is less than _____

Answer 9

$50

Question 10

When seeking civil damages from shoplifter, “additional damages” are limited to a maximum of _____ when the value of the stolen or damaged property is more than $50 but less than $250

Answer 10

$250

Question 11

When seeking civil damages from shoplifter, “additional damages” are limited to a maximum of _____ when the value of the stolen or damaged property exceeds $250

Answer 11

$500

Question 12

Some retail merchants threaten to call police unless suspect signs legal release and pays fee of $500 or more, regardless of the value of the stolen property. The law states that any person who solicits payments outside the guidelines is subject to:

Answer 12

Criminal fine of $500

Question 13

Shoplifting is complete when:

Answer 13

Merchandise is concealed, meaning “to cover or hide an item to prevent its discovery

Question 14

3 ways to search shoplifters vehicle

Answer 14

Motor vehicle exception, consent, or inventory

Question 15

Defendants seen traveling to different stores, entering and exiting their car between stops. This pattern of activity provided probably cause to search their vehicle under the:

Answer 15

Motor vehicle exception

Question 16

If towing a shoplifters vehicle, who must the removal policy come from

Answer 16

Property owner not police

Question 17

3 things that make shoplifting aggravated

Answer 17

Theft device
Return receipt
Organized crime

Question 18

For shoplifting to become aggravated offense for organized crime, it has to be while acting in concert with ___ or more people within ____ day period

Answer 18

2 or more people
180 days

Question 19

Theft shielding devices: it’s illegal to manufacture or distribute a theft shielding device, or to possess a theft shielding device with the intent to:

Answer 19

Commit or aid a theft

Question 20

Right of arrest for manufacturing or distributing theft shielding device (ex laminated or coated bags)

Answer 20

Felony

Question 21

Right of arrest for possessing a tool or device to deactivate or remove a theft detection device

Answer 21

Felony

Question 22

Right of arrest for returning an item with an altered price or reproduced price tag

Answer 22

Felony

Question 23

For the aggravated offense of shoplifting organized crime, the suspect must steal, embezzle or obtain by fraud merchandise worth over _______ in order to resell the merchandise

Answer 23

$2500

Question 24

For shoplifting organized crime, the leader or organizer of the group faces a higher penalty including fine of $250,000 or ____ times the retail value of the merchandise, whichever is greater

Answer 24

5

Question 25

Right of arrest for receiving stolen property, if the value of goods received is over $250 OR is 2nd offense regardless of value

Answer 25

Arrest on PC

Question 26

Right of arrest for receiving stolen property of value of goods is $250 or less

Answer 26

Complaint and confiscate property

Question 27

For receiving stolen property, where are offenders prosecuted?

Answer 27

Where the good were stolen or received

Question 28

For receiving stolen property, when does the 6 year statute of limitations begin

Answer 28

On the initial concealment date . However the period starts again from the date of any later act to further conceal the property

Question 29

For receiving stolen property charge does owner have to be identified

Answer 29

No

Question 30

For receiving stolen property charge does thief need to be identified

Answer 30

No

Question 31

For receiving stolen property, what state must the property be stolen from

Answer 31

Any state, the suspect just needs to knowingly receive the goods in MA

Question 32

What is the only exemption to proving that property was stolen when charging receiving stolen property

Answer 32

Police stings

Question 33

For receiving stolen property, does suspect have to know or believe that property was stolen or just possess it?

Answer 33

Suspect has to know or believe that it was stolen

Question 34

If suspect accepts property and it is not until later on that he finds out it was stolen, can he still be charged with receiving stolen property?

Answer 34

Yes if he keeps properly after finding out

Question 35

Is riding as passenger in a car with stolen goods in the trunk enough to be charged with receiving stolen property?

Answer 35

No

Question 36

Suspect is found walking with new office equipment. When asked by police where he got it, he said he found it in an alley. Is that enough to show he knew he possessed stolen property?

Answer 36

Yes

Question 37

Is property stolen 13 to 21 months prior recent?

Answer 37

No

Question 38

Is property stolen 2-8 months prior considered recent?

Answer 38

Yes

Question 39

Element 3 of receiving stolen property says suspect has to receive, buy or _____ the property

Answer 39

Conceal

Question 40

The _______ of the stolen property determines the right of arrest

Answer 40

Value

Question 41

The value of stolen property may be proven by the owners _______

Answer 41

Testimony

Question 42

Can a person be convicted of stealing and receiving the same goods?

Answer 42

No

Question 43

Can one be convicted of receiving stolen goods, even though the evidence would have proven larceny?

Answer 43

Yes