Shoplifting/Receiving Stolen Property Flashcards
Shoplifting right of arrest
On PC
For shoplifting charge, does “guilty-filed” disposition count as prior offense?
Yes
What is the restitution amount for shoplifting?
The owners wholesale cost for the goods. Not their retail price, unless owner can prove goods were already sold to someone
Police may only charge shoplifting (not larceny) if retail value is less than:
$250
Police may charge larceny when shoplifting involves good worth _____ or more
$250
Can shoplifting also be larceny from a building?
No because the goods are protected by employees and not the building itself
Jurisdiction for shoplifting cases
Any court having jurisdiction over atleast 1 shoplifting event
What civil damages may merchant seek from shoplifter?
May only collect actual and additional damages
Actual=amount necessary to fix or replace item
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 _____
$50
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
$250
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
$500
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:
Criminal fine of $500
Shoplifting is complete when:
Merchandise is concealed, meaning “to cover or hide an item to prevent its discovery
3 ways to search shoplifters vehicle
Motor vehicle exception, consent, or inventory
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:
Motor vehicle exception
If towing a shoplifters vehicle, who must the removal policy come from
Property owner not police
3 things that make shoplifting aggravated
Theft device
Return receipt
Organized crime
For shoplifting to become aggravated offense for organized crime, it has to be while acting in concert with ___ or more people within ____ day period
2 or more people
180 days
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:
Commit or aid a theft
Right of arrest for manufacturing or distributing theft shielding device (ex laminated or coated bags)
Felony
Right of arrest for possessing a tool or device to deactivate or remove a theft detection device
Felony
Right of arrest for returning an item with an altered price or reproduced price tag
Felony
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
$2500
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
5
Right of arrest for receiving stolen property, if the value of goods received is over $250 OR is 2nd offense regardless of value
Arrest on PC
Right of arrest for receiving stolen property of value of goods is $250 or less
Complaint and confiscate property
For receiving stolen property, where are offenders prosecuted?
Where the good were stolen or received
For receiving stolen property, when does the 6 year statute of limitations begin
On the initial concealment date . However the period starts again from the date of any later act to further conceal the property
For receiving stolen property charge does owner have to be identified
No
For receiving stolen property charge does thief need to be identified
No
For receiving stolen property, what state must the property be stolen from
Any state, the suspect just needs to knowingly receive the goods in MA
What is the only exemption to proving that property was stolen when charging receiving stolen property
Police stings
For receiving stolen property, does suspect have to know or believe that property was stolen or just possess it?
Suspect has to know or believe that it was stolen
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?
Yes if he keeps properly after finding out
Is riding as passenger in a car with stolen goods in the trunk enough to be charged with receiving stolen property?
No
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?
Yes
Is property stolen 13 to 21 months prior recent?
No
Is property stolen 2-8 months prior considered recent?
Yes
Element 3 of receiving stolen property says suspect has to receive, buy or _____ the property
Conceal
The _______ of the stolen property determines the right of arrest
Value
The value of stolen property may be proven by the owners _______
Testimony
Can a person be convicted of stealing and receiving the same goods?
No
Can one be convicted of receiving stolen goods, even though the evidence would have proven larceny?
Yes
