Property Crimes Version 5.14
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CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Basic Course Workbook Series Student Materials Learning Domain 6 Property Crimes Version 5.14 THE MISSION OF THE CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING IS TO CONTINUALLY ENHANCE THE PROFESSIONALISM OF CALIFORNIA LAW ENFORCEMENT IN SERVING ITS COMMUNITIES Basic Course Workbook Series Student Materials Learning Domain 6 Property Crimes Version 5.14 © Copyright 2008 California Commission on Peace Officer Standards and Training (POST) All rights reserved. Published 1998 Revised June 2001 Corrected March 2005 Revised January 2006 Revised July 2007 Revised January 2008 Correction April 2018 This publication may not be reproduced, in whole or in part, in any form or by any means electronic or mechanical or by any information storage and retrieval system now known or hereafter invented, without prior written permission of the California Commission on Peace Officer Standards and Training, with the following exception: California law enforcement or dispatch agencies in the POST program, POST-certified training presenters, and presenters and students of the California basic course instructional system are allowed to copy this publication for non-commercial use. All other individuals, private businesses and corporations, public and private agencies and colleges, professional associations, and non-POST law enforcement agencies in-state or out-of- state may purchase copies of this publication, at cost, from POST as listed below: From POST’s Web Site: www.post.ca.gov Go to Ordering Student Workbooks POST COMMISSIONERS Joyce Dudley – Chair District Attorney Santa Barbara County Rick Braziel – Vice Chair Educator Humboldt State University Lai Lai Bui Sergeant Sacramento Police Department Thomas Chaplin Chief Walnut Creek Police Department Richard DeLaRosa Mayor City of Colton Barry Donelan Sergeant Oakland Police Department Robert Doyle Sheriff Marin County Geoff Long Public Member John McMahon Sheriff San Bernardino County Jethroe Moore, II Public Member James O’Rourke Officer California Highway Patrol Batine Ramirez Sergeant Placer County Sheriff’s Department Laurie Smith Sheriff Santa Clara County Walter Vasquez Chief La Mesa Police Department Kevin Gardner Chief Representing Xavier Beccera Director of Division of Law Enforcement Attorney General Ex-Officio Member THE ACADEMY TRAINING MISSION The primary mission of basic training is to prepare students mentally, morally, and physically to advance into a field training program, assume the responsibilities, and execute the duties of a peace officer in society. FOREWORD The California Commission on Peace Officer Standards and Training sincerely appreciates the efforts of the many curriculum consultants, academy instructors, directors and coordinators who contributed to the development of this workbook. We must also thank the California law enforcement agency executives who allowed their personnel to participate in the development of these training materials. This student workbook is part of the POST Basic Course Training System. The workbook component of this system provides a self-study document for every learning domain in the Basic Course. Each workbook is intended to be a supplement to, not a substitute for, classroom instruction. The objective of the system is to improve academy student learning and information retention and ultimately contribute to you becoming a peace officer committed to safety, and to the communities you will serve. The content of each workbook is organized into sequenced learning modules to meet requirements as prescribed both by California law and the POST Training and Testing Specifications for the Basic Course. It is our hope that the collective wisdom and experience of all who contributed to this workbook will help you, the student, to successfully complete the Basic Course and to enjoy a safe and rewarding career as a peace officer. MANUEL ALVAREZ, Jr. Executive Director LD 6: Property Crimes Table of Contents Topic See Page Preface iii Introduction iii How to Use the Student Workbook iv Chapter 1: Identifying and Classifying Crimes Related 1-1 to Theft Overview 1-1 Theft 1-3 Vehicle Theft 1-11 Defrauding an Innkeeper 1-21 Burglary 1-23 Shoplifting 1-27 Possession of Burglary Tools 1-28 Burglary Investigations 1-31 Possessing or Receiving Personal Property with Altered 1-40 Serial Numbers or Identification Marks Receiving Stolen Property 1-43 Forgery 1-46 Chapter Synopsis 1-48 Workbook Learning Activities 1-50 Continued on next page LD 6: Property Crimes i Table of Contents, Continued Topic See Page Chapter 2: Identifying and Classifying Crimes Related 2-1 to Arson Overview 2-1 Arson, or Unlawfully Causing a Fire 2-2 Possession of Flammable or Combustible Material 2-6 Chapter Synopsis 2-8 Workbook Learning Activities 2-9 Chapter 3: Identifying and Classifying Crimes Related 3-1 to Trespassing Overview 3-1 Unauthorized Entry of Dwelling 3-2 Trespass 3-4 Chapter Synopsis 3-9 Workbook Learning Activities 3-10 Chapter 4: Identifying and Classifying Other Property 4-1 Related Crimes Overview 4-1 Vandalism 4-3 Repossession 4-6 Tenant/Landlord Disputes 4-10 Report Writing Tip 4-15 Chapter Synopsis 4-26 Workbook Learning Activities 4-27 Supplementary Material S-1 Glossary G-1 ii LD 6: Property Crimes Preface Introduction Student The student workbooks are part of the POST Basic Course Instructional workbooks System. This system is designed to provide students with a self-study document to be used in preparation for classroom training. Regular Basic Completion of the Regular Basic Course is required, prior to exercising peace Course officer powers, as recognized in the California Penal Code and where the training POST-required standard is the POST Regular Basic Course. requirement Student The following elements are included in each workbook: workbook elements • chapter contents, supplementary material, and • a glossary of terms used in this workbook. LD 6: Property Crimes iii How to Use the Student Workbook Introduction This workbook provides an introduction to the training requirements for this Learning Domain. You may use the workbook in several ways: for initial learning, for test preparation, and for remedial training. Workbook To use the workbook most effectively, follow the steps listed below. format Step Action 1 Begin by reading the: Preface and How to Use the Workbook, which provide an overview of how the workbook fits into the POST training program and how it should be used. 2 Refer to the Chapter Synopsis section at the end of each chapter to review the key points that support the chapter objectives. 3 Begin reading the text. 4 Complete the workbook learning activities at the end of each chapter. These activities reinforce the material taught in the chapter. 5 Refer to the Glossary section for a definition of important terms. The terms appear throughout the text and are bolded and underlined (e.g., term). iv LD 6: Property Crimes Chapter 1 Identifying and Classifying Crimes Related to Theft Overview Learning need Arrest depends on the development of probable cause. Successful prosecution depends on the collection of admissible evidence. Peace officers need to know the elements required to arrest for crimes related to theft to correctly classify these crimes as misdemeanors or felonies. Learning The chart below identifies the student learning objectives for this chapter. objectives After completing study of this chapter, the student will be Objective able to: ID • recognize the crime elements required to arrest for: - theft 6.01.1 - vehicle theft 6.01.2 - defrauding an innkeeper 6.01.3 - burglary 6.01.7 - shoplifting 6.01.17 - possession of burglary tools 6.01.8 - possessing of or receiving personal property with 6.01.9 altered serial numbers or identification marks - receiving stolen property and 6.01.10 - forgery 6.01.12 • recognize the crime classification as a misdemeanor or 6.01.14 felony • describe appropriate peace officer actions when taking a 6.01.15 report of a burglary or similar property crime Continued on next page LD 6: Chapter 1 – Identifying and Classifying Crimes Related to Theft 1-1 Overview, Continued Learning After completing study of this chapter, the student will be Objective objectives able to… ID (continued) • describe information that should be obtained when 6.01.16 interviewing the victim(s) of and/or witness(es) of a burglary In this chapter This chapter focuses on crimes related to theft. Refer to the chart below for specific topics. Topic See Page Theft 1-3 Vehicle Theft 1-11 Defrauding an Innkeeper 1-21 Burglary 1-23 Shoplifting 1-27 Possession of Burglary Tools 1-28 Burglary Investigations 1-31 Possessing or Receiving Personal Property with Altered 1-40 Serial Numbers or Identification Marks Receiving Stolen Property 1-43 Forgery 1-46 Chapter Synopsis 1-48 Workbook Learning Activities 1-50 1-2 LD 6: Chapter 1 – Identifying and Classifying Crimes Related to Theft Theft Definition The crime of theft is the taking and carrying away personal property of another without the consent of the owner with the intent to permanently deprive the owner. Penal Theft is generally defined under Penal Code Section 484. code section Crime To arrest a subject for theft, the necessary crime elements include: elements • the taking and • carrying away of • personal property of another • without consent • with intent to permanently deprive the owner. NOTE: Not all thefts require “intent to permanently deprive” to violate the section, i.e. embezzlement and vehicle theft. Crimes noted by “*” in this workbook are wobblers and punishable as felonies pursuant to Penal Code Section 1170(h) when the requirements of Penal Code Section 667(e)(2)(C) are met. Generally, Penal Code Section 667 specifies the crime is a felony if: 1) the loss is valued in excess of $950.00 or 2) the suspect is required to register pursuant to Penal Code Section 290 or 3) the suspect has a prior conviction for an offense listed in Penal Code Section 667(e)(2)(C).