CHAPTER 10 Theft, Burglary, and Robbery

NOT FORSALEORDISTRIBUTION © Jones&BartlettLearning,LLC NOT FORSALEORDISTRIBUTION © Jones&BartlettLearning,LLC NOT FORSALEORDISTRIBUTION © Jones&BartlettLearning, LLC NOT FORSALEORDISTRIBUTION © Jones&BartlettLearning,LLC 9781284082852_CH10_Dutelle.indd 226 10 after them. glary. The policearealready will bearrestedforthisbur hand that feeds them. They sooner orlaterofbitingthe “ Such houndshaveaway chapter “The Adventure ofthe NOT FORSALEORDISTRIBUTION © Jones&BartlettLearning,LLC NOT FORSALEORDISTRIBUTION © Jones&BartlettLearning,LLC NOT FORSALEORDISTRIBUTION © Jones&BartlettLearning,LLC Sherlock Holmes ” Three Gables” NOT FORSALEORDISTRIBUTION © Jones&BartlettLearning,LLC NOT FORSALEORDISTRIBUTION © Jones&BartlettLearning,LLC NOT FORSALEORDISTRIBUTION © Jones&BartlettLearning,LLC - Upon completionofthischapter, studentswillbeableto: delivery van robbery conversion commercial robbery chop casing carjacking career robber burglary bump-and-grab breaking andentering bona fide bait money ATM robbery asportation approach toentry aggravated robbery and Robbery Theft, Burglary, © Jones & Bartlett Learning, LLC. NOTFORSALE ORDISTRIBUTION © Jones&Bartlett Learning, STUDENT LEARNINGOUTCOMES KEY TERMS Describe thedifference betweenmodusoperandiandsignature Identify themodusoperandiofrobbery Distinguish thedifferent typesofrobberies Identify theentrytechniquesusedtofacilitateaburglary Distinguish thedifferent typesofburglary NOT FORSALEORDISTRIBUTION © Jones&BartlettLearning,LLC NOT FORSALEORDISTRIBUTION © Jones&BartlettLearning,LLC NOT FORSALEORDISTRIBUTION © Jones&BartlettLearning, LLC NOT FORSALEORDISTRIBUTION © Jones&BartlettLearning,LLC smash-and-grab show offorce (home invasion) residential robbery point ofentry opportunistic robbers (plural modioperandi) modus operandi (MO) method ofentry larceny joyriding jimmy habit pattern fence entry access departure signature NOT FORSALEORDISTRIBUTION © Jones&BartlettLearning,LLC NOT FORSALEORDISTRIBUTION © Jones&BartlettLearning,LLC NOT FORSALEORDISTRIBUTION © Jones&BartlettLearning,LLC NOT FORSALEORDISTRIBUTION © Jones&BartlettLearning,LLC NOT FORSALEORDISTRIBUTION © Jones&BartlettLearning,LLC NOT FORSALEORDISTRIBUTION © Jones&BartlettLearning,LLC number (VIN) vehicle identification motor vehicle unauthorized useofa truck hijacking tracing toolmark tire impression theft target selection robber substance-habituated stripped street robbery specific intent specialty robbery sound suppressor 22/12/17 8:52 pm

© Jones Introduction& Bartlett Learning, LLC jurisdictions© Jones have & Bartlett added a newLearning, section toLLC their larceny penal codes. In addition to statutes prohibiting NOT FOR SALE OR DISTRIBUTION In common law, NOT FORIn SALE common OR law, DISTRIBUTION taking the property of another theft of a motor vehicle, which involves intent taking the property for the purpose of depriving that person of own- to permanently deprive ownership, there are of another for the ership was called larceny. It required three basic now statutes dealing with unauthorized use of purpose of depriv- elements: a motor vehicle. The lesser deprivation reduces ing that person of ownership; it 1. A taking © Jones & Bartlett Learning,the seriousness LLC of the offense in those© Jones jurisdic -& Bartlett Learning, LLC tions that recognize joyriding as differing from required three basic 2. Asportation (movementNOT FOR of the SALE items taken) OR DISTRIBUTION NOT FOR SALEelements: OR a taking, DISTRIBUTION outright theft. asportation (move- 3. An intent to deprive the owner Once theft offenses were consolidated, the ment of the items magnitude of a theft offense became based on taken), and an intent All three elements are problematic in our how much was taken. Excepted from this con- to deprive the owner contemporary understanding of theft. In many © Jones & Bartlett Learning, LLC solidation were the© offensesJones &of Bartlettburglary andLearning, LLC instances, a person may be convinced to vol- robbery. The elements of burglary differ in sig- unauthorized untarilyNOT part FOR with SALE his or her OR property, DISTRIBUTION which is NOT FOR SALE OR DISTRIBUTION nificant degree from those of theft, and burglary use of a motor obviously counter to the common-law notion of is still treated as a separate and more serious vehicle “taking.” Some things are so large as to prohibit offense than theft. Because of the personal Use of a vehicle movement, such as a house, land, and trees, yet confrontation and threat of personal violence by someone other © Jones &today, Bartlett through Learning, fraud, a person LLC may have his or involved© Jones in robbery, & Bartlett it too isLearning, treated as aLLC sepa- than the owner her house, land, or trees stolen. Clearly, for lar- rate and more serious offense. without the owner’s NOT FORceny SALE to make OR sense DISTRIBUTION today, there must have been NOT FOR SALE OR DISTRIBUTION permission an evolution of the elements. Taking may now Burglary be real or constructive, and asportation may asportation also be real or constructive. There is an old joke about shooting burglars Movement of items taken from another; In common law and presently in some juris- that goes like this: If you shoot a burglar out- © Jones & Bartlett Learning, LLC © Jones & Bartlettone of the threeLearning, LLC dictions, there are numerous types of theft, with side your home, drag him back inside in order NOT FOR SALE OR DISTRIBUTION NOT FOR SALEbasic elementsOR DISTRIBUTION different names and definitions, in which one of to avoid legal consequences. The conventional required for larceny the traditional elements of theft is lacking. Theft wisdom is that a homeowner can use deadly in common law by false pretext, for example, occurs when a force in defense of his or her property. This may person voluntarily relinquishes property under or may not be true, depending on state burglary conversion some© pretext Jones that & allows Bartlett the thiefLearning, to deprive LLC the penal codes. That is© why Jones it is in & the Bartlett best interest Learning, Using LLCproperty of investigators to not only understand the penal ownerNOT of the FOR property. SALE Theft OR by DISTRIBUTION embezzlement NOT FOR SALE OR DISTRIBUTIONentrusted to a per- occurs when a person entrusted with property code definition of burglary but all the cases in a son by another for uses the property to his or her own advantage state that have added to or interpreted that code. the former’s advan- (conversion) and with the intent to deprive the tage and with the owner of possession. Types of Burglary intent to deprive the owner of possession © Jones & BartlettOver time, Learning, legislatures LLC and the judiciary Most© burglariesJones & are Bartlett products Learning, of opportunity LLC per- have recognized many related offenses that NOT FOR SALE OR DISTRIBUTION petratedNOT byFOR noncareer SALE burglars. OR DISTRIBUTION Open doors and differ in some degree from basic theft, and the windows are an opportunist’s invitation. Uncol- breaking and entering result has been an ever-expanding and confusing lected mail and newspapers are also an invi- Term that was network of theft-related statutes. Many jurisdic- tation. Originally, burglary was referred to as originally used for tions, aware of the imaginativeness of thieves, breaking and entering and may still be called burglary because it decided to consolidate© theJones theft & offenses Bartlett into Learning, that by investigators.LLC Burglaries in common© Jones law & Bartlettrequired a break-Learning, LLC one statute, forsakingNOT the categories FOR SALE of theft OR by DISTRIBUTIONrequired a breaking (forced entry) componentNOT FOR SALEing (forced OR entry) DISTRIBUTION false pretext, conversion by a bailee, shoplifting, and a physical entry into the premises. Today, component and a theft from a person, acquisition of property by neither element is required, but both generally physical entry into threat, swindling, swindling by worthless check, are present. The breaking component is lack- the premises embezzlement, extortion, receiving or concealing when someone who is originally invited ing embezzled© Jones property, & Bartlett receiving Learning, or concealing LLC onto the premises extends© Jones the & visit Bartlett and secrets Learning, theft LLC stolenNOT property, FOR credit SALE card OR theft, DISTRIBUTION theft of trade him- or herself ontoNOT the FORpremises SALE to await OR anDISTRIBUTION An unlawful secrets, forgery, and fraud. These special types opportunity to commit theft. It is also lacking intentional appropri- of theft indicate how earnestly criminals work when entry is made through openings inviting ation of property to separate people from their property. access. Finally, there are those cases in which Theft has come to be defined as an unlaw- the burglar does not physically intrude on the joyriding Stealing an auto- ful intentional appropriation of property. Intent premises at all but, for example, pokes a stick © Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC mobile for personal to deprive ownership is questionable as an ele- through an open window to withdraw a purse NOT FOR SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION enjoyment ment in only one type of theft: joyriding. Many on a nearby table.

9781284082852_CH10_Dutelle.indd 227 22/12/17 8:52 pm 228 CHAPTER 10 Theft, Burglary, and Robbery

© Jones & Bartlett Learning,Most LLCofficers understand the ©statutory Jones & attemptedBartlett Learning,murder? The LLC most serious offense elements of a burglary. In most jurisdictions, a will usually determine the charge ultimately NOT FOR SALEburglary OR DISTRIBUTIONburglary involves (1) a person who (2)NOT enters FOR or SALEbrought. OR The DISTRIBUTION most likely offense for the pros- A crime involving remains on the premises (3) of another (4) with- ecution to prove would be aggravated assault. (1) a person who out effective consent of the owner (5) for the However, the behavior in question also consti- (2) enters or remains purpose of committing a felony or theft. Keep tutes a burglary. Did you get that? If not, go back on the premises in mind that misdemeanor theft rises to a to the elements of burglary and examine each (3) of another © Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC felony when coupled with an unlawful entry with respect to the irate husband scenario. (4) without effec- of a NOTdwelling. FOR Often, SALE burglaries OR DISTRIBUTION are further NOT FOR SALE OR DISTRIBUTION tive consent of the Most burglaries occur at night, usually owner (5) for the subdivided into burglaries of: between 10:00 pm and 2:00 am. It is during this time that a burglar has the best chance of enter- purpose of commit- Dwellings ting a felony or theft ing a dwelling without being identified. The Dwellings with residents present © Jones & Bartlett Learning, LLC career© Jones burglar & will Bartlett have ascertained Learning, that LLC the NOT FOR SALE Commercial OR DISTRIBUTION establishments dwellingNOT isFOR vacant SALE and mayOR lookDISTRIBUTION for clues that lead the burglar to believe that the occupants are Other structures not at home. Burglaries of residences are risk- Vehicles ier than burglaries of commercial sites, because When charging a suspect, confusion may they may be interrupted by the arrival of the resi- © Jones & Bartlett Learning,arise because LLC of unspoken aspects of© the Jones bur- & dentsBartlett and theyLearning, generally LLC carry a higher statutory NOT FOR SALE OR DISTRIBUTIONglary elements. For example, if a person,NOT while FOR SALEpenalty OR than DISTRIBUTION commercial burglaries. Less risk is supposedly on a business trip, entered his or her associated with commercial burglaries, except own home after the family was asleep and stole for the security measures taken by the owners to numerous valuable items so that an insurance prohibit unlawful entry. Commercial burglaries claim could be made, was a burglary commit- also require greater planning and may require ted? Which© Jones element & Bartlett is missing? Learning, A person cannot LLC specific expertise, such© Jones as knowledge & Bartlett of com Learning,- LLC burglarizeNOT his FOR or her SALE own ORhome: DISTRIBUTION It must be the puter and security NOTsystems, FOR lock SALE picking, OR safe DISTRIBUTION premises of another. Where would you find the cracking, and the value of items to be stolen. answer to that question? The statute only implies Residential burglars focus on homes, the answer. Try this one: A person trains a mon- condominiums, and apartments in the afflu- key to gather bright, shiny objects and throws the ent sections of a community. Most home secu- © Jones &monkey Bartlett through Learning, an open LLCwindow. The animal rity© measures, Jones & short Bartlett of electronic Learning, surveillance, LLC NOT FORreturns SALE with OR a cacheDISTRIBUTION of jewelry. Strictly speaking, canNOT be overcome FOR SALE easily. OR The DISTRIBUTION professional bur- entry by a person is required. A monkey is not a glar generally will seek valuables that can be person. Has a burglary been committed? Where transported easily, preferring money, negotia- would you go to find the answer? The point of ble securities, jewelry, and small art objects of describing such scenarios is that statutory lan- value. Some professionals may specialize in © Jones & Bartlett Learning,guage and LLC elements may not be sufficient© Jones to & artBartlett or jewelry Learning, and use a LLCnetwork established to NOT FOR SALE OR DISTRIBUTIONdetermine what crime has, in fact, beenNOT commit FOR- SALEprovide OR ready DISTRIBUTION disposal of the stolen items. Drug ted. It is necessary to be aware of various state addicts comprise a significant portion of house- court decisions that have interpreted the statute. hold burglars and steal to support their habits. Penal codes come in two versions: anno- (A habit is often referred to in terms of a dollar tated and unannotated. Annotations are short amount, as in “I got a $250-a-day Jones [habit].”) summaries© Jones of court & Bartlett decisions Learning, that have helped LLC They will steal items© Jonesfor which & aBartlett professional Learning, LLC to interpretNOT FOR vague SALE or ambiguous OR DISTRIBUTION portions of a would not put him-NOT or herself FOR at SALE risk. Amateur OR DISTRIBUTION statute. Every investigator should have an anno- burglars do not specialize, nor do drug addicts. tated copy of the appropriate penal code and They steal whatever may be turned for a profit. be familiar with the code elements as well as As much as the public deplores burglars the court interpretations. How else would it be and thieves, it supports their efforts, in a sense. © Jones &possible Bartlett to figure Learning, out the LLCcrimes involved in a Burglars© Jones would & haveBartlett no market Learning, if nonburglars LLC NOTfence FORsituation SALE ORlike theDISTRIBUTION following? A man follows his refusedNOT toFOR buy SALEstolen merchandise. OR DISTRIBUTION The fence Seller; the middle- wife to the home of a friend and sees her in (seller) is the middleman necessary to let the man necessary to let an amorous tryst with the man of the house. majority of people who purchase stolen prop- the majority of those The irate husband backs his pickup into the liv- erty pretend they have not been involved. As who purchase stolen ing room, hoping to crush the occupants. What in most con games, it is people’s desire to get property pretend crimes have been committed? Traffic violations, something for nothing that allows them to be © Jonesthey & have Bartlett not been Learning, LLC © Jones & Bartlett Learning, LLC trespass, criminal mischief, disorderly conduct, conned and to blindly (or not so blindly) sup- NOT FOR SALEinvolved OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION reckless conduct, assault, aggravated assault, port the theft industry. If a deal looks too good

9781284082852_CH10_Dutelle.indd 228 22/12/17 8:52 pm Burglary 229

© Jones to& beBartlett true, it probablyLearning, is too LLC good to be true and forcible© Jones entry & attempts. Bartlett Victims Learning, of burglary LLC involves either a con or stolen property. A too- offenses suffered an estimated $4.6 billion in NOT FORgood-to-be-believed SALE OR DISTRIBUTION deal should put the citizen lostNOT property FOR in SALE 2009. Overall, OR DISTRIBUTION the average dol- on notice that it is something better passed by. lar loss per burglary offense was $2,096 (Federal Juveniles form a subclass of amateur Bureau of Investigation, 2010). burglars. Amateurs are often armed and pose a Entry Techniques serious threat of violence© Jones to unsuspecting & Bartlett return Learning,- LLC © Jones & Bartlett Learning, LLC ing residents. JuvenilesNOT characteristically FOR SALE resort OR DISTRIBUTION Burglars use various tools in gaining NOTentry toFOR the SALE OR DISTRIBUTION to unnecessary destruction and bravado dur- premises or to locked containers (FIGURE 10.1). ing the commission of their burglaries. Because Some of the more common techniques to gain the burglaries are usually committed by several entry include the following: juveniles working together, bravura is expected Doors and window faces can be pried using and displayed. They may eat the residents’ food, © Jones & Bartlett Learning, LLC a jimmy, and locks© Jones can be picked& Bartlett using burLearning,- jimmy LLC drink their beverages, wear their clothes, use NOT FOR SALE OR DISTRIBUTION glar picks or commerciallyNOT FOR SALEdesigned OR pick DISTRIBUTION Tool used to pry the phone, leave disparaging notes on mirrors systems that have a pistol-grip handle and open doors and or walls, and soil the house with feces or urine. interchangeable picks. windows Although the results of the juvenile burglars’ gross behavior can be unpleasant, the tremen- The lock cylinder can be knocked out of a © Jones &dous Bartlett amount Learning, of trace evidence LLC left at the scene ©lock Jones by using & Bartlett a slap hammer. Learning, LLC NOT FORhelps SALE law ORenforcement DISTRIBUTION to make positive identi- NOT Windows FOR can SALE be broken OR DISTRIBUTION and doors kicked fication of suspects. down. The professional burglar plans his or her By smashing a store window, a burglar can crime, its execution, the departure from the site, grab the displayed items. and the disposal of stolen goods. The nature and quality of the burglary© will Jones determine & Bartlett the level Learning, By cuttingLLC out a glass pane with© a glassJones cut -& Bartlett Learning, LLC of detail required in theNOT planning FOR asSALE well as OR the DISTRIBUTIONter, a burglar can reach through, NOTunlock, FOR and SALE OR DISTRIBUTION number of people needed to pull off the burglary. open the window or door. The most successful professional burglars work Credit cards or other thin, flexible devices alone and hit big, infrequently, and discreetly. can be slipped between the lock and the Although there was no shortage of burglar- doorjamb to force the lock back. ies in© 2009, Jones there & wereBartlett an estimated Learning, 2,199,125 LLC © Jones & Bartlett Learning, LLC Hinge pins on a door may be removed, burglaries,NOT whichFOR SALEwas a decrease OR DISTRIBUTION of 1.3% com- NOT FOR SALE OR DISTRIBUTION pared with 2008 data. Of all burglaries, 61.0% allowing the whole door to be removed. involved forcible entry, 32.6% were unlawful Adjacent walls may be removed or pene- entries (without force), and the remainder were trated to facilitate entry.

© Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC FIGURE 10.1: Burglar gaining entrance to a residence. NOT FOR SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION Christian Delbert/Shutterstock.

9781284082852_CH10_Dutelle.indd 229 22/12/17 8:52 pm 230 CHAPTER 10 Theft, Burglary, and Robbery

© Jones & Bartlett Learning, Explosives LLC and heavy tools may be© usedJones to & thatBartlett allow Learning,the crime laboratory LLC to determine open safes. that the impressions at the crime scene were NOT FOR SALE OR DISTRIBUTION NOT FOR SALEleft by aOR suspect DISTRIBUTION tool. Bump keys can be used to jar loose the lock If a tool edge is scraped against a surface that pins (Osterberg & Ward, 2010). is softer than the metal of the tool, it will leave a Toolmarks and entry evidence are important for series of markings that reflect the pattern of the identifying the modus operandi and the indi- © Jones & Bartlett Learning, LLC tool edge. These markings© Jones and the& Bartlettimperfections Learning, LLC vidual burglar. on a suspect tool can be compared in a laboratory NOT FOR SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION Toolmarks and Other Impressions with a comparison microscope. The comparison may show an association between the marks and toolmark A toolmark is any impression, cut, gouge, or the tool. The more individualized the tool edge Any impression, cut, abrasion caused by a tool coming into contact pattern, the more definitive the comparison. gouge, or abrasion © Jones &with Bartlett another Learning, object (Saferstein, LLC 2014). Impres- ©In Jones handling & Bartletttoolmark Learning, impressions, LLC it is caused by a tool sions can be found at burglary crime scenes on important to relegate the mark to a photo- coming into contact NOT FORdoor SALE and ORwindow DISTRIBUTION frames through which entry graphicNOT record, FOR SALEfirst from OR an DISTRIBUTION intermediate dis- with another object was made. These impressions are made with tance and then a close-up. Once the impression screwdrivers, crowbars, or other devices used has been photographed, it is ready to be worked. to pry doors and windows open. An impression A molded impression of the marks should be © Jones & Bartlett Learning,itself usually LLC renders only class characteris© Jones- & taken.Bartlett If the Learning, portion of theLLC entryway bearing a tics indicating the type of tool, although it can NOT FOR SALE OR DISTRIBUTION NOT FOR SALEtoolmark OR can DISTRIBUTION be removed and transported to have unique characteristics that allow it to be the laboratory, a molded impression may not matched to a single tool. A tool retains machined be necessary. Do not examine the marking with marks from its manufacture, just as firearms. the aid of a ballpoint or metal probe. Any marks These marks and striations are changed as the made to the impression that were not a product result© of Jones nicks and& Bartlett breaks in Learning, the tool’s work LLC- of the original tool ©may Jones render & the Bartlett impression Learning, LLC ing surface that occur as the tool is used and NOT FOR SALE OR DISTRIBUTION inadmissible at theNOT time ofFOR trial. SALE OR DISTRIBUTION misused. The pattern and shape of these modi- Forced entry is usually accomplished with fications are altered by continued use, further the aid of tools, and the indentations left can individualizing the imperfections. It is unlikely be lifted and preserved with a casting com- that any two tools will have manufacturing pound similar to DUROCAST (manufactured © Jones &striations, Bartlett wear Learning, markings, LLC and breaks that are by ©Sirchie Jones Laboratories; & Bartlett see Learning, FIGURE 10.2 LLC). The exactly the same. It is these small imperfections NOT FOR SALE OR DISTRIBUTION putty-likeNOT FOR material SALE enables OR castings DISTRIBUTION to be made

© Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC NOT FOR SALE OR DISTRIBUTIONFIGURE 10.2: Durocast impression compound. NOT FOR SALE OR DISTRIBUTION Courtesy of SIRCHIE Finger Print Laboratories, Inc.

9781284082852_CH10_Dutelle.indd 230 22/12/17 8:52 pm Burglary 231

© Jones on& Bartletthorizontal Learning, or vertical LLCsurfaces. The cast- impression© Jones ink & and Bartlett running Learning, the inked tire LLC over ing material can be molded into a piece long paper (FIGURE 10.4). The best impression involves NOT FORand SALE wide ORenough DISTRIBUTION to cover the toolmark. Once theNOT entire FOR circumference SALE OR of the DISTRIBUTION tire, not just the pressed gently into the toolmark and allowed suspect location. A device is available from evi- to dry, the casting material can be removed, and dence equipment manufacturers that involves a a reverse impression of the toolmark will have print-out system. Some defects will not be visible been transferred to the© castingJones material, & Bartlett which Learning, unless the LLC tire is under load. The system© Jones uses two & Bartlett Learning, LLC should then be bagged and tagged as any other sheets of paper affixed back to back. One sheet evidence would be (FIGURENOT FOR 10.3). SALE OR DISTRIBUTIONfacing the other is treated with carbonNOT (much FOR SALE OR DISTRIBUTION There may be impressions other than tool- like old typewriter carbon paper). Once the tire marks left at a burglary crime scene, such as shoe is run over the two sheets, the carbon side leaves or tire impressions. The major task of the inves- an impression of the tire tread on the clean piece tire tigator© isJones to preserve & Bartlett a reproductive Learning, cast of LLC any of paper opposite it© (FIGURE 10.5 Jones & Bartlett). The carbon- Learning,impression LLC such impression until it can be transported to and treated side is then removed and the side with Imprint left by a tire examinedNOT by FOR the crime SALE laboratory. OR DISTRIBUTION The first step the transferred impressionNOT FORis treated SALE as any OR other DISTRIBUTION in processing any impression, whether of a tool, evidence (FIGURE 10.6). shoe, or tire, is to preserve it through photography, Shoe impressions may be taken at a crime bringing out as much detail from as many differ- scene or from a suspect. Crime scene shoe © Jones &ent Bartlett angles and Learning, heights as possible.LLC Photographs impressions© Jones require & Bartlett that the Learning, investigator LLC record NOT FORare SALE not the OR preferred DISTRIBUTION laboratory specimens but theNOT footprints FOR photographically SALE OR DISTRIBUTION and then make can supplement and support reproductive casts a casting of the impression. Something needs to should the casts for lab comparisons be lost, dam- be placed around the footprint to serve as a dam. aged, or destroyed. Tire impressions can be dupli- Anything that is immersed in the tread impres- cated by inking the suspect tread with fin gerprint sion should not be removed, and any loose © Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC NOT FOR SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION

(C) (D) © Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC FIGURE 10.3: Durocast simulated application; in an actual case, gloves should be worn during the application process. NOT FOR SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION Courtesy of SIRCHIE Finger Print Laboratories, Inc.

9781284082852_CH10_Dutelle.indd 231 22/12/17 8:52 pm 232 CHAPTER 10 Theft, Burglary, and Robbery

debris may be removed, but the margins of the few minutes to allow the hardener to dry, a light shoe impression are fragile and must be avoided. coating of release agent can be applied. This The impression© Jones should& Bartlett be prepared Learning, by spraying LLC will allow removal ©of theJones cast without& Bartlett bringing Learning, LLC a commercialNOT FOR hardener SALE on OR the DISTRIBUTION surface. After a attached soil. In theNOT past, FOR plaster SALE of Paris OR was DISTRIBUTION used to cast footprint impressions; it worked well but shrunk in the drying process by about 10%. New casting materials dry without shrink- ing. Many of these new casting solutions come © Jones & Bartlett Learning, LLC premixed© Jones with & aBartlett hardener Learning, embedded LLCin the NOT FOR SALE OR DISTRIBUTION packageNOT (FORFIGURE SALE 10.7 ).OR Shelf DISTRIBUTION life is indefinite

(A)

(B) © Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC FIGURE 10.5: Tire impressions. Tire track. NOT FOR SALE OR DISTRIBUTION NOT FOR SALEFIGURE OR 10.6: DISTRIBUTION Courtesy of SIRCHIE Finger Print Laboratories, Inc. Courtesy of SIRCHIE Finger Print Laboratories, Inc.

9781284082852_CH10_Dutelle.indd 232 22/12/17 8:52 pm Burglary 233

© Jones & Bartlett Learning, LLC FIGURE© Jones 10.8: Placement& Bartlett of the dam. Learning, LLC © By Ian Miles-Flashpoint Pictures/Alamy Images. NOT FOR SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION

FIGURE 10.7: Shake-N-Cast™.© Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC Courtesy of SIRCHIE Finger Print Laboratories,NOT FOR Inc. SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION

as long as the hardener ampoule is not broken and mixed with the casting material. Breaking the hardener© Jones ampoule & Bartlett and mixing Learning, it makes LLC the © Jones & Bartlett Learning, LLC materialNOT time FOR dependent. SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION It is important not to pour the mixture directly onto the impression; it can destroy ridge character. Pouring the mixture onto a spoon held close to the surface of the impres- © Jones &sion Bartlett will prevent Learning, damage LLC to the impression. © Jones & Bartlett Learning, LLC NOT FOROnce SALE the ORcontents DISTRIBUTION of the package have been NOT FOR SALE OR DISTRIBUTION poured over the impression to a depth of no more than half an inch (12.7 mm) and into the dam, all that is left to do is to wait for the cast- FIGURE 10.9: After pouring. ing material to dry. Once dry, the impression can be removed from© theJones frame & andBartlett tagged Learning, © Pablo Paul/Alamy LLC Images. © Jones & Bartlett Learning, LLC and bagged. Nothing NOTshould FOR be removed SALE fromOR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION the bottom of the casting to avoid damage to the impression. The lab can remove it without causing damage. Impressions in snow pose a real challenge to the investigator.© Jones Snow& Bartlett is highly Learning, fragile and subject LLC © Jones & Bartlett Learning, LLC to changesNOT inFOR the weather. SALE BecauseOR DISTRIBUTION most gypsum- NOT FOR SALE OR DISTRIBUTION based casting materials generate heat during the curing process, it is necessary to provide something to insulate the shoeprint from the casting material. Impression wax is sold in an aerosol © Jones &applicator Bartlett that Learning, can be sprayed LLC over the print; once © Jones & Bartlett Learning, LLC Cast footprint (mud and sand). NOT FORthe SALE impression OR DISTRIBUTION is protected, the casting material FIGURENOT 10.10: FOR SALE OR DISTRIBUTION can be poured (FIGURES 10.8 through 10.10). © 67photo/Alamy Images.

9781284082852_CH10_Dutelle.indd 233 22/12/17 8:52 pm 234 CHAPTER 10 Theft, Burglary, and Robbery

© Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC FIGURE 10.11: Bio-foam box. NOT FOR SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION Courtesy of SIRCHIE Finger Print Laboratories, Inc.

© Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC NOT FOR SALE OR DISTRIBUTIONMaking an impression of a suspect’sNOT shoe FOR SALE OR DISTRIBUTION used to be done by inking the bottom of the shoe and pressing it onto paper; today, new methods are available. Once again, it is best to take an impression under load. Footwear impression© Jones lifts use& Bartlett a Styrofoam-like Learning, substance LLC © Jones & Bartlett Learning, LLC in a longNOT box; FOR the suspectSALE stepsOR DISTRIBUTIONinto the box and NOT FOR SALE OR DISTRIBUTION onto the foam. The suspect’s weight should be FIGURE 10.12: Lifted dust print. controlled so that the suspect does not step all Courtesy of Maine State Police Crime Laboratory. the way through the foam to the bottom of the box, thereby losing the impression. Once the © Jones &impression Bartlett has Learning, been laid, LLC the same procedure © Jones & Bartlett Learning, LLC NOT FORfor SALE casting OR a footprint DISTRIBUTION is used (FIGURE 10.11). NOT FOR SALE OR DISTRIBUTION In this case, once the casting material has dried item. Agreement in size, shape, or design can and hardened, the foam can be torn away from only prove that the item in question may have the cast. The remaining cast is then tagged and made the impression; a definitive identifi- bagged. cation cannot be made on the basis of class © Jones & Bartlett Learning,Commercial LLC electrostatic dust lifters© consistJones & characteristicsBartlett Learning, alone. It LLCis the presence of individual characteristics from wear, breaks, or NOT FOR SALE OR DISTRIBUTIONof a high-voltage power supply, a nickel-platedNOT FOR SALE OR DISTRIBUTION steel ground plate, and a metallized lifting mat. tears that, if numerous, will support an opin- In the past, it required two lifting mats: a pos- ion that the cast or recovered impression came itively charged mat and a negatively charged from one source and one source only: the sus- mat; today, only one sheet is used along with pect item (Saferstein, 2014). a metal ground plate. The mat is gently floated © Jones & Bartlett Learning, LLC The Burglary Investigation© Jones & Bartlett Learning, LLC onto NOTthe dust FOR print SALE to be lifted. OR DISTRIBUTIONOnce the mat is NOT FOR SALE OR DISTRIBUTION in place, a fingerprint ink roller can be used to Patrol officers typically are the first responders smooth the surface of the mat. As high voltage to burglaries, and these officers consequently is applied to the lifting mat, it takes on a nega- face the greatest risk. A burglary-in-progress tive charge and the ground plate becomes posi- call holds the potential for violence, although © Jones &tive. Bartlett Any dust Learning, present under LLC the mat will take burglary© Jones is legally & Bartlett a property Learning, crime. Not LLC until NOT FORon SALE a positive OR chargeDISTRIBUTION and will then be attracted theNOT initial FOR call SALE has been OR resolvedDISTRIBUTION does the to the negatively charged collection mat. A dust investigator arrive on the scene. Once again, print that is transferred to the lifting mat will it is imperative that first responders be treated appear as a precise mirror image of the original as members of the investigative team. Any print (FIGURE 10.12). investigation, if it is to be successful, depends © Jones & Bartlett Learning,The valueLLC of a footprint is determined© Jones & largelyBartlett on Learning,scene integrity, LLC but none more so NOT FOR SALE OR DISTRIBUTIONby the number of class characteristicsNOT that FOR SALEthan a ORburglary DISTRIBUTION investigation. In a homicide, match the class characteristics of a suspect the body and mess preclude rapid repopulation

9781284082852_CH10_Dutelle.indd 234 22/12/17 8:52 pm Burglary 235

© Jones of& theBartlett premises. Learning, In a burglary, LLC the victims feel of ©entry, Jones the investigator & Bartlett should Learning, examine LLC this personally violated and hasten to remove evi- area to discover whatever evidence there is and NOT FORdence SALE of ORthat DISTRIBUTIONviolation and determine how preventNOT its FOR irretrievable SALE ORloss. DISTRIBUTIONExamining a win- extensive it was and what was taken. It is the dow from the outside without examining the responding officers’ responsibility to prevent grounds first may lead to the trampling of foot- anyone from degrading the integrity of the prints or tire impressions. Likewise, finding out crime scene; that includes© Jones residents & Bartlett as well Learning, where theLLC burglars parked will allow© identifica Jones -& Bartlett Learning, LLC as patrol officers.The patrol officers can be of NOT FOR SALE OR DISTRIBUTIONtion and preservation of any tire impressions,NOT FOR SALE OR DISTRIBUTION assistance to the investigator in a number of cigarette butts, litter, or vehicular fluid deposits ways, including: left by the burglars and will prevent haphazard Locating or notifying owners of the burglary parking by the police and others from contami- and keeping them at a distance until the nating this part of the crime scene. Once the investigator© Jones &arrives Bartlett Learning, LLC approach areas have© beenJones processed, & Bartlett an exam Learning,- LLC NOT FOR SALE OR DISTRIBUTION ination of the interiorNOT part FOR of the SALE crime OR scene DISTRIBUTION Locating witnesses (anyone who has seen can begin. or heard anything that may assist in the The most obvious points of entry are win- investigation) dows and doors. An absence of evidence of Locating the party reporting the burglary if forced entry suggests that the burglar gained other than the owner entry by using a key, lock pick, jimmy, or bump method of © Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC entry keys, or by coming through an unsecured win- NOT FOR SALE Listing OR items DISTRIBUTION taken if owners have already NOT FOR SALE OR DISTRIBUTION The manner and assessed their losses dow or door. It should also raise the question of direction from whether a member of the household assisted which the burglar(s) Securing the crime scene in or perpetrated the burglary. Burglaries are approached the Once the investigator arrives on the scene, sometimes committed by a disenchanted or building; it is deter- the primary objective© is Jones to recognize & Bartlett and pre Learning,- drug-using LLC juvenile family member© orJones by his & Bartlettmined by looking Learning, at LLC serve possible sites ofNOT forensic FOR evidence. SALE ORThis DISTRIBUTIONor her friends and are also sometimesNOT commit FOR- SALEthe evidence OR atDISTRIBUTION the objective, however, is not the first addressed. ted for the purpose of fraudulently acquiring point of entry The investigator will want to determine the an insurance payoff. Suspicions of household point and method of entry onto the prem- involvement must be handled tactfully and held ises. The point of entry will provide informa- in abeyance until they are corroborated by other point of entry tion about© Jones the method & Bartlett of entry Learning, and provide LLC an evidence. © Jones & Bartlett Learning,Place LLCwhere the indication as to the direction from which the Once point of entry has been ascertained, criminal entered NOT FOR SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTIONthe premises; it is burglar(s) approached the building. The area of the entry portal should be examined for tool- a location where approach may contain footprint, tire print, or marks, fiber evidence, and fingerprints. Any forensic evidence is eyewitness evidence that is easily destroyed, evidence of toolmarks must be documented likely to be found lost, or overlooked. Prior to examining the point photographically and removed to the crime © Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC NOT FOR SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION

INVESTIGATOR’S © Shutterstock/Janaka Dharmasena. NOTEBOOK © Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC Processing a Crime Scene in Which Toolmarks Are Apparent NOT FOR SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION It is an investigator’s responsibility, whenever practical, to submit the entire object possessing the toolmarks to the laboratory. If the object cannot be removed for submission, then photographs and cast impressions need to be provided. Neither photographs nor cast impressions will allow as definitive a comparison as would the actual object. ©Under Jones no circumstances & Bartlett should Learning, a suspect LLC tool be fit into the impression. ©An Jones attempt to& do Bartlett so will alter Learning, LLC theNOT impression FOR and SALE raise serious OR DISTRIBUTIONquestions as to crime scene integrity and theNOT quality FOR of any SALEcomparison OR DISTRIBUTION information provided by the crime laboratory. If both a suspect tool and impression are available at the crime scene, they should be packaged separately so as to avoid any contact between the two. Failure to separately package and protect the suspect tool and impression could result in a cursory contact that might alter or add to the imperfections © Jones & of eitherBartlett, rendering Learning, a comparison LLC more difficult or impossible.© InJones addition, & a Bartletttool may bear Learning, paint or fiber LLC

NOT FOR SALEtrace evidence OR DISTRIBUTION that could be contaminated or destroyed in NOTthe handling. FOR SALE OR DISTRIBUTION© Shutterstock/Nutink.

9781284082852_CH10_Dutelle.indd 235 22/12/17 8:52 pm 236 CHAPTER 10 Theft, Burglary, and Robbery

© Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC NOT FOR SALE OR DISTRIBUTIONINVESTIGATOR’SNOT FOR SALE OR DISTRIBUTION© Shutterstock/Janaka Dharmasena. NOTEBOOK Processing a Crime Scene in Which Footprints Are Found Footprints© Jones made & on Bartlett surfaces that Learning, lend themselves LLC to fingerprint lifting can be lifted© Jones in the same & Bartlett fashion as Learning, LLC a latentNOT fingerprint. FOR SALE Lift tape OR large DISTRIBUTION enough to accommodate a footprint is availableNOT commercially. FOR SALE The tape OR DISTRIBUTION should be placed carefully over the impression, just as it would be placed over a fingerprint. A fingerprint roller can be used to squeeze out any air bubbles created by the tape. The lifted footprint should be placed on a white or black backing, just as a fingerprint would be. When shoe or tire impressions are left in dirt, preservation is achieved through photography first and a © Jones & reproductiveBartlett Learning,cast second. If LLC dirt or debris adheres to the cast,© itJones should not & beBartlett removed Learning,but packaged withLLC

NOT FOR SALEthe cast ORand transported DISTRIBUTION to the crime laboratory. NOT FOR SALE OR DISTRIBUTION© Shutterstock/Nutink.

laboratory for examination. Reproductive looked. The owner can also assist in determin- © Jones & Bartlett Learning,casts are secondLLC best. Prior to making© a Jonescast or & ingBartlett what things Learning, the burglar LLC might have touched NOT FOR SALE OR DISTRIBUTIONremoving the tool-marked item, it shouldNOT FORbe SALEas he or OR she DISTRIBUTIONtraveled through the dwelling. The examined for fibers and fingerprints. An alter- crime scene, including avenues of approach, native strategy is to handle the marked item as should be portrayed in a drawing, along with though it contains both and transport it to the appropriate measurements. crime laboratory to be processed for fibers and Witnesses should be identified and inter- prints.© AJones burglar & crawling Bartlett through Learning, a window LLC viewed, and in-depth© Jones interviews & Bartlett should Learning, be LLC will undoubtedlyNOT FOR leaveSALE some OR fiber DISTRIBUTION evidence; the conducted with theNOT owner FOR and theSALE entire OR fam DISTRIBUTION- trick is in finding it and processing it. Toolmarks ily. A list of family associates, especially juve- are so forensically valuable, however, that noth- niles, should be compiled. Neighbors should ing should be done with them that is not abso- be contacted, routinely, to help narrow down lutely necessary, thereby avoiding the possibil- the time of the burglary, based on what they © Jones &ity Bartlett of altering Learning, them. LLC may© haveJones heard & orBartlett seen. Reducing Learning, the possible LLC NOT FOR SALEToolmarks OR DISTRIBUTION are created when a tool causes a timeframeNOT FOR can SALEindicate OR whether DISTRIBUTION the burglary cut, scratch, or impression to be made on another was planned. Narrow timeframes suggest two surface. Any tool that can scratch a surface can possibilities: the burglar was a very lucky ama- leave a toolmark. Often burglaries are performed teur burglar, or the burglar was provided with using screwdrivers or crowbars to gain entry to information. © Jones & Bartlett Learning,the location LLC to be burgled. Cutting tools© usedJones to & BartlettOne successful Learning, method LLC of catching bur- NOT FOR SALE OR DISTRIBUTIONcut through metal may also leave marks.NOT The FOR SALEglars and OR reducing DISTRIBUTION the threat of burglary is to marks left by these tools may be specific to the stamp serial numbers on valuables and record tool used. As tools are used and misused, they the numbers. Serial-numbered items are more develop unique characteristics on their cutting readily identifiable than items for which only surfaces. These characteristics can be the result physical descriptions are provided. The serial of wear© Jonesor chipping. & Bartlett In either Learning, case, the marks LLC number of a stereo© can Jones be included & Bartlett in state Learning,- LLC left byNOT these FOR characteristics SALE OR can DISTRIBUTION be matched to wide and nationwideNOT computer FOR databasesSALE OR used DISTRIBUTION the tool that left them. The impressions left by to identify stolen property. In addition, when tools with these types of characteristics may be receivers or purchasers of stolen items are con- matched to the tools themselves. fronted with the irrefutability of a serial num- approach to entry Once the point of entry and the approach to ber, they may become much more cooperative The area© that Jones led &entry Bartlett (the area Learning, that led to theLLC entry of the crime and© willinglyJones &identify Bartlett the personsLearning, from LLC whom to the entryNOT of the FORscene) SALE have OR been DISTRIBUTION ascertained and processed, theNOT property FOR was SALE received. OR DISTRIBUTION crime scene; often the investigator can turn to the interior of the seen as a second- crime scene. It is at this point that a preliminary Motor Vehicle Theft ary crime scene, it scene survey with the owner can be instructive. may include parking The owner can point out the absence or pres- Historically, cars have been stolen for five reasons: areas, sidewalks, ence of things that should or should not be (1) joyriding, (2) parts, (3) resale, (4) insurance © Jonesyards, & Bartlettand building Learning, LLC © Jones & Bartlett Learning, LLC there. A tool, used chewing gum, a cigarette fraud, and (5) crime use. Temporarily depriving an NOT FOR SALEexteriors OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION butt, or other evidence might be otherwise over- owner of his or her vehicle, in many jurisdictions,

9781284082852_CH10_Dutelle.indd 236 22/12/17 8:52 pm Motor Vehicle Theft 237

© Jones & Bartlett Learning, LLC Stolen for Resale © Jones & Bartlett Learning, LLC NOT FOR SALE ORvehicle DISTRIBUTION stolen vehicle stored NOT FORpainted, SALE VIN, and OR DISTRIBUTION license changed

customer delivery fence purchase

© Jones & BartlettCurbside Stripping Learning, LLC © Jones & Bartlett Learning, LLC NOT FOR SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION vehicle located exterior parts parts transported removed to fence

parts resold © Jones & Bartlett Learning, LLC whole or ©pieces Jones & Bartlett Learning, LLC NOT FOR SALE OR DISTRIBUTIONChopping NOT FOR SALE OR DISTRIBUTION vehicle stolen vehicle stored broken into parts

parts resold © Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC FIGURE 10.13: Stolen-for-resale, stripping, and chopping flowcharts. NOT FOR SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION

does not rise to the level© Jones of auto theft.& Bartlett Most joy Learning,- The vehicle LLC is usually recovered close© Jones to the & Bartlett Learning, LLC riding ends with the vehicle being abandoned place where the removal of parts took place. and available for recovery.NOT Not FOR much SALE in the OR way DISTRIBUTIONMost auto components are not stampedNOT FORwith SALE OR DISTRIBUTION of investigation is required in joyriding cases if numbers based on a universal numbering sys- the culprits are not caught in possession of the tem and are, therefore, virtually impossible to vehicle. This section concentrates on the investi- trace. Investigative efforts should focus on stor- gation© of Jones the remaining & Bartlett four types Learning, of auto theft. LLC age rental facilities,© gas Jones stations, & andBartlett public andLearning, LLC Thefts generally occur at night, and auto private garages in the area surrounding the spot theftsNOT are noFOR exception. SALE TheOR mostDISTRIBUTION commonly where the vehicle wasNOT abandoned. FOR SALE OR DISTRIBUTION reported crime is a stolen vehicle. Other crime Thieves who chop a vehicle have in mind chop data may reflect underreporting, but auto thefts the same objective as those who strip a vehi- Stealing an automo- are reported universally, probably because of the cle: the reduction of the vehicle to its parts. bile to remove the major body com- statutory requirement that autos be insured The focus is on the major body components, © Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC ponents, includ- and because a police report is required to col- including doors, fenders, hood, bumpers, and ing doors, fenders, NOT FOR SALE OR DISTRIBUTION windows—inNOT FOR fact, SALE everything OR DISTRIBUTION but the frame and lect on insurance policies for damages or loss or hood, bumpers, and the engine block. Auto body components histor- to get a replacement rental vehicle. Not surpris- windows, in order to ingly, young people have their vehicles stolen sell them more often than the elderly. Most vehicles are stolen by juveniles who© areJones often & in Bartlett places that Learning, LLC © Jones & Bartlett Learning, LLC are popular hangouts for other juveniles. About half of all stolen vehiclesNOT are FOR recovered SALE in ORpart DISTRIBUTION NOT FOR SALE OR DISTRIBUTION or whole (Harlow, 1988). Autos stolen for parts are generally stripped of the easily removed, easily transported parts, stripped which© Jonesare resold & Bartlettto individuals Learning, or salvage LLC © Jones & Bartlett Learning,Removing LLC and yard NOTdealers. FOR (See SALE FIGURES OR 10.13 DISTRIBUTION and 10.14.) NOT FOR SALE OR DISTRIBUTIONstealing the most A vehicle may be stripped where parked, or it easily removable may be stolen and transported to a location and transportable where it can be stripped at lei sure. The obj ective parts from an auto- is to remove as many valuable parts as possi- mobile in order to resell them to indi- ble, except the engine block and body, and then © Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC viduals or salvage abandon the vehicle. Air bags have become a FIGURE 10.14: Stripped automobile. NOT FOR SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION yard dealers choice item for thieves in the stripping business. © Tonis Valing/ShutterStock, Inc.

9781284082852_CH10_Dutelle.indd 237 22/12/17 8:52 pm 238 CHAPTER 10 Theft, Burglary, and Robbery

© Jones & Bartlett Learning,ically have LLC lacked identifying numbers.© JonesManu- & secondBartlett symbol, Learning, a letter, LLC indicates the manufacturers, aware of stripping and chopping, have facturer (e.g., G stands for General Motors); and NOT FOR SALEvehicle OR DISTRIBUTIONbegun putting a vehicle identificationNOT number FOR SALEthe third, OR a number,DISTRIBUTION indicates the make of the identification (VIN) on auto components. The auto thief gen- vehicle (e.g., Chevrolet). The next symbol indi- number (VIN) erally is not the individual who removes the cates the type of restraints used in the vehicle Alphanumeric parts. The thief sells the car to a chop shop, and (e.g., C for seatbelts). The next three symbols, code consisting a chopping team reduces it to rubble. all numbers, constitute the manufacturer’s code of 17 characters © Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC Occasionally, a vehicle is stolen for the pur- for the position of the vehicle in the production placed on automo- NOT FOR SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION bile components to pose of resale. The VIN is altered, a new title and line and the body type of the vehicle (e.g., van); track them in the license are obtained, and the vehicle is put on the the next symbol, a letter, indicates the type of case of theft block for sale. Vehicles can be stolen to order, or engine. The ninth symbol, a number, is a check they can be stolen by a criminal enterprise spe- digit and is used to validate the VIN. The tenth © Jones &cializing Bartlett in appropriating Learning, late-model LLC luxury vehi- symbol,© Jones a letter, & Bartletttells the year Learning, the vehicle LLC was cles and altering, transporting, and selling them, made, and the eleventh symbol, a letter, tells NOT FORboth SALE inside OR and DISTRIBUTION outside of the United States. theNOT city in FOR which SALE the auto OR plant DISTRIBUTION is located. The A vehicle’s VIN consists of 17 letters and remaining six symbols, all numbers, constitute numbers. Altered or false VINs can be rec- the production number of the vehicle. ognized by someone who understands what The vehicle most likely to be subjected to © Jones & Bartlett Learning,the letters LLC and numbers represent. ©The Jones first & forensicBartlett examination Learning, is theLLC vehicle stolen for use NOT FOR SALE OR DISTRIBUTIONsymbol, which is a number, indicates theNOT nation FOR SALEin a crime. OR The DISTRIBUTION automobile becomes a focal point in which the vehicle was manufactured; the of the investigation of the crime and is processed

© Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC INVESTIGATOR’SNOT FOR SALE OR DISTRIBUTION NOT© Shutterstock/Janaka FOR SALE Dharmasena. OR DISTRIBUTION NOTEBOOK Checklist for Use in Vehicle Theft Cases © Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC 1. Make, model, license number, and VIN of the vehicle NOT FOR SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION Names of all known operators of the vehicle 2. Where was the vehicle recovered? 3. How was entry made? © Jones & Bartlett Learning, Break-in LLC © Jones & Bartlett Learning, LLC Keyed NOT FOR SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION 4. Who witnessed the theft? 5. When was the theft discovered?

By whom? 6. ©Where Jones was &the Bartlett vehicle last Learning, legitimately used? LLC © Jones & Bartlett Learning, LLC NOT Who FOR used it?SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION For what purpose? 7. Where was the operator at the time of the theft?

Witnesses to the operator’s location and activities? © Jones & Bartlett8. Where wasLearning, the owner LLCat the time of the theft? © Jones & Bartlett Learning, LLC NOT FOR SALE Witnesses OR DISTRIBUTION to the owner’s location and activities? NOT FOR SALE OR DISTRIBUTION 9. Who has possession of keys to the vehicle?

Account for each set of keys. 10. Payment history? © Jones & Bartlett Learning,11. Repair LLC history? © Jones & Bartlett Learning, LLC

NOT FOR SALE OR DISTRIBUTION12. Owner’s financial circumstances? NOT FOR SALE OR DISTRIBUTION © Shutterstock/Nutink.

9781284082852_CH10_Dutelle.indd 238 22/12/17 8:52 pm Applicable Case Law 239

for fingerprints, hair, fibers, and any other trace Ownership © Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC evidence that may linger. The automobile should Generally, a bona fide (innocent) buyer of sto- bona fide NOT FORbe SALE processed OR like DISTRIBUTION any other crime scene. NOT FOR SALE OR DISTRIBUTION len goods receives only those ownership rights Innocent, genuine; in Auto thefts are difficult to investigate. Those possessed by the seller. If the seller has stolen Latin, translates as autos stolen for profit are usually stripped or the items sold, the buyer has no right to posses- “in good faith” disposed of with little evidence of their passing. sion or ownership, because the thief had none. Those taken for a joyride are abandoned quickly, © Jones & Bartlett Learning,The caveat, LLC “Let the buyer beware,” ©puts Jones a bona & Bartlett Learning, LLC leaving little usable evidence in their wake. The fide buyer on notice that if the seller is not the number of auto theftsNOT occurring FOR inSALE any major OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION owner and has no title to the property trans- metropolitan area is staggering and unmanage- fers, the lawful owner may reclaim the stolen able. Thus, resources are best focused on autos item as having the greater right to possession. used in other crimes. Most auto investigations This principle can be seen in the case of Greek proceed along the same lines. A checklist for © Jones & Bartlett Learning, LLC Orthodox Church of Cyprus© Jones v. Goldberg & Bartlett et al. (1990). Learning, LLC such an investigation is given in the following NOT FOR SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION Investigator’s Notebook. Intent to Commit Theft specific Applicable Case Law Theft or larceny requires a specific intent to intent deprive an owner of possession of property. Unambiguous Burglary is a specific intent crime. One cannot The intent to steal may be proved by direct evi- purpose or reason; © Jones &accidentally Bartlett Learning,commit a burglary. LLC Often, cases dence© Jones or by circumstantial & Bartlett Learning,evidence. Generally, LLC this must be proved in order to convict NOT FORrevolve SALE around OR DISTRIBUTION the intent of the suspect or own- theNOT jury orFOR judge SALE infers intentOR DISTRIBUTION to steal from the a person of theft or ership of the stolen items. The following cases conduct and acts of the defendant. Intent may larceny address these two issues. be obvious or ambiguous. It is the responsibility

© Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC CASE IN POINTNOT FOR SALE OR DISTRIBUTION © Shutterstock/Viastas.NOT FOR SALE OR DISTRIBUTION Greek Orthodox Church of Cyprus v. Goldberg et al., 1990 Peg Goldberg, an art dealer traveling in Europe in search of art purchases, was told of four early-Christian mosaics that were said to have been found in the rubble of a church in Cyprus and exported to Germany with© the Jones permission & Bartlett of the Cyprus Learning, government. LLC In fact, they were stolen from the© JonesGreek Orthodox & Bartlett Church Learning, LLC of Cyprus.NOT FORWhile inSALE Germany, OR she DISTRIBUTION made an offer of purchase and bought themNOT for $1,080,000. FOR SALE They were OR DISTRIBUTION shipped to the United States. The Orthodox Church made claim for possession based on the fact that they had been stolen and transported to Germany and sold by the thief, not the church. Possession of the mosaics was returned to the church despite the substantial payment made by Ms. Goldberg. The court held that when circumstances are as suspicious as those that faced Peg Goldberg, prospec- © Jones & tiveBartlett purchasers Learning, would do best LLC to do more than make a few last-minute© Jones phone & Bartlett calls. In such Learning, cases, dealers LLC NOT FOR SALEshould take OR steps DISTRIBUTION to ensure that the seller has legal possessionNOT of the FOR items SALEbeing sold. OR Ms. DISTRIBUTION Goldberg could have had an authenticity check or a full background search of the seller done, could have asked to be provided with the seller’s claim to title, or could have purchased buyer’s insurance. Had she done any of these things, she might have discovered that the church had a valid, superior, and enforceable claim to these

mosaics and was entitled to have them returned. © Shutterstock/Nutink. © Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC NOT FOR SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION

CASE IN POINT © Shutterstock/Viastas. People© Jones v. Jaso & ,Bartlett 1979 Learning, LLC © Jones & Bartlett Learning, LLC TheNOT defendant, FOR Jaso, SALE left a ORSears DISTRIBUTION department store with a bag of merchandiseNOT for which FOR he didSALE not pay. OR DISTRIBUTION He was stopped in the parking lot by security. When confronted, he said that he was simply returning to his vehicle to get his wallet from his auto and that he had intended to return to pay for the merchandise. A struggle ensued, and Jaso was subdued and handcuffed. He was convicted, but on appeal, it was determined that the instruction provided to the jury was defective, for it did not include an instruction that “in the © Jones & crimeBartlett of theft Learning, there must exist LLC in the mind of the perpetrator© the Jones specific &intent Bartlett to take propertyLearning, of another LLC

NOT FOR SALEand unless OR such DISTRIBUTION intent so exists that crime is not committed.”NOT FOR SALE OR DISTRIBUTION© Shutterstock/Nutink.

9781284082852_CH10_Dutelle.indd 239 22/12/17 8:52 pm 240 CHAPTER 10 Theft, Burglary, and Robbery

© Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC NOT FOR SALE OR DISTRIBUTIONCASE IN POINT NOT FOR SALE OR DISTRIBUTION© Shutterstock/Viastas. Commonwealth of Pennsylvania v. Muniem, 1973 Muniem was found leaving an empty warehouse. He was cooperative, had no loot, and did not resist police efforts to arrest him. He told police that he had to go to the toilet and had looked for a restroom in the© empty Jones building. & BartlettThe defendant Learning, had entered LLC through an open door. Muniem© was Jones married, & employed,Bartlett Learning, LLC andNOT had no FOR prior record.SALE The OR Pennsylvania DISTRIBUTION court ordered him released based onNOT this reasoning:FOR SALE OR DISTRIBUTION The only evidence produced against the appellant is his presence, perhaps as a trespasser, in a vacant building in daylight…. When found by the police, he was walking to the open door by which he testified he entered the building. The owner of the building testified that nothing was missing and there was no evidence of a forcible entry, or possession of any burglary tools, other tools or anything else. © Jones & BartlettEach caseLearning, must stand LLC on its own facts in determining© whether Jones the & Commonwealth Bartlett Learning, has sustained LLC NOT FOR SALEits burden OR ofDISTRIBUTION proof. At best, the evidence of the CommonwealthNOT FOR may give SALE rise to OR suspicion DISTRIBUTION and con- jecture of guilt but most certainly does not have such volume and quality capable of reasonably and naturally justifying an inference of a willful and malicious entry into a building with the intent to commit a felony so as to overcome the presumption of innocence and establish guilt beyond a reasonable

doubt of the crime of burglary. © Shutterstock/Nutink. © Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC NOT FOR SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION

of the prosecution to prove intent by direct or different jurisdictions, has common elements. circumstantial evidence. It involves the taking of the property of a per- © Jones & Bartlett Learning, LLC son by another with© theJones intentional, & Bartlett knowing, Learning, LLC Intent in the Case of Burglary NOT FOR SALE OR DISTRIBUTION or reckless causing NOTof bodily FOR injury SALE or the OR inten DISTRIBUTION- If a defendant is caught in the act of stealing tional or knowing threatening of imminent during a burglary, proving intent to commit bodily injury or death (TABLE 10.1). theft is a fairly straightforward matter. If, how- Robberies can be simple or aggravated. ever, there is no evidence of theft or of com- Jurisdictions may categorize robberies based © Jones &mission Bartlett of a Learning,felony, proof LLCof illegal entry into a on© weapon Jones use & orBartlett injuries Learning,caused. Typically, LLC a aggravatedNOT FORpremise SALE thatOR hasDISTRIBUTION items worthy of theft meets personNOT is FOR held toSALE have ORcommitted DISTRIBUTION aggravated robbery the requirement of proof of theft. robbery if he or she (1) commits robbery and Robbery in which The Illinois Supreme Court held in People v. (2) causes serious bodily injury to another or the person (1) com- (3) uses or exhibits a deadly weapon or (4) causes mits robbery and Johnson (1963) that intent must be proved, usu- (2) causes seri- ally by inference. Proof of unlawful entry into a © Jones &ous Bartlettbodily injury Learning,building thatLLC contains property that© could Jones be & Bartlett Learning, LLC the subject of theft gives rise to an inference NOT FOR SALEto another orOR DISTRIBUTION NOT FOR SALETABLE OR 10.1 DISTRIBUTION The Probability of Violence (3) uses or exhibits that will support the intent requirement for the in Various Types of Robbery a deadly weapon offense of burglary. It may be assumed that the or (4) causes bodily unlawful entry was not without purpose and Type Probability of Violence injury to another that theft was the most likely purpose. However, person or threatens in the© case Jones of Commonwealth & Bartlett Learning,of Pennsylvania LLC v. © Jones & Bartlett Learning, LLC or places another Vehicle robbery Low to moderate Muniem (1973), the court found that inconsis- person in fear of NOT FOR SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION tent evidence refuting theft after illegal entry imminent bodily Bump-and-grab Low to moderate injury or death if the was sufficient to dismiss the charge of burglary. person is 65 years ATM robbery Low to moderate of age or older or is Robbery ©disabled Jones & Bartlett Learning, LLC Residential© Jones robbery & Bartlett Low Learning, to moderate LLC NOT FORThe SALE crime OR that DISTRIBUTION visits urban streets and places NOT FOR SALE OR DISTRIBUTION the populace in fear for their safety consists Commercial Moderate to high primarily of robberies—not the gangland slay- robbery ings and drive-by shootings that fill the evening news. Those most likely to be afraid of robbery Carjacking High © Jones & Bartlett Learning,are women LLC and the elderly. Those most© Jones com- & Bartlett Learning, LLC NOT FOR SALE OR DISTRIBUTIONmonly robbed on the street are men andNOT juve FOR- SALEStreet ORrobbery DISTRIBUTION High niles. Robbery, although defined differently in

9781284082852_CH10_Dutelle.indd 240 22/12/17 8:52 pm Robbers 241

© Jones bodily& Bartlett injury Learning, to another personLLC or threatens was© $1,244. Jones Firearms & Bartlett were usedLearning, in 42.6% LLC of the or places another person in fear of imminent robberies and strong-arm tactics were used in NOT FORbodily SALE injury OR or DISTRIBUTION death if the person is 65 years 41.1%.NOT Of FORthe total SALE number OR of DISTRIBUTION robberies, knives of age or older or is disabled. and cutting instruments were used in 7.7% of Robberies fall into two broad categories, reported robberies, and other dangerous weap- depending on the use or threat of the use of ons were used in 8.7% of robberies in 2009 (Fed- force: © Jones & Bartlett Learning,eral Bureau LLC of Investigation, 2010). © Jones & Bartlett Learning, LLC Strong-arm robbery,NOT often FOR referred SALE toOR as DISTRIBUTION NOT FOR SALE OR DISTRIBUTION common-law robbery, involves the use of Robbers physical force or the threat of the use of Although robbers come from all walks of physical force absent a weapon. life and have a range of motivations, they Armed robbery involves the use of a deadly © Jones & Bartlett Learning, LLC fall into several broad© Jones categories. & Bartlett Perhaps Learning, LLC weapon. The weapon does not have to be the most frustrating category is the career career robber aNOT firearm—it FOR SALEcan be anyOR weaponDISTRIBUTION that, in robber, who has chosenNOT robberyFOR SALE as his OR or her DISTRIBUTION Criminal who has its use or intended use, may cause serious life’s work. Career robbers are responsible for chosen robbery as bodily injury. the majority of robberies committed. The tire- his or her life’s work; career robbers are Robbery, in some jurisdictions, is considered to some aspect arises from the fact that these responsible for the individuals are released again and again to re- © Jones &be Bartletta crime of Learning,property, because LLC the basic objec- © Jones & Bartlett Learning, LLC majority of robberies offend. The capture of these robbers has been NOT FORtive SALE is theft. OR The DISTRIBUTION Federal Bureau of Investiga- NOT FOR SALE OR DISTRIBUTION committed tion (FBI), for purposes of gathering data for facilitated by the creation of police programs its Uniform Crime Reports, regards it as a crime that keep track of repeat offenders and their against the person, for the theft is from a per- modus operandi (MO). modus ope- son and the threat or use of violence is against Opportunistic robbers are not necessar- randi (MO) ily lifetime offenders. They are amateurs who (plural modi the person, not the ©thing Jones taken. & BartlettNo matter Learning, LLC © Jones & Bartlettoperandi) Learning, LLC prey upon others as the opportunity presents the category, robberyNOT is FOR a felony SALE in OR all DISTRIBUTION NOT FOR SALEMethod OR of operation; DISTRIBUTION jurisdictions—and a higher-degree felony, if itself. Victims are randomly and hastily selected robbers often repeat it is aggravated. It is interesting to note that more because of the favorable circumstances their MO, which can the definition of aggravated robbery given ear- than the loot they may relinquish. Amateur be useful in figuring lier, taken from the Texas Penal Code, 2003, robbers are often violent and reckless, attacking out who committed Title ©7 ChapterJones &30, Bartlett treats a robberyLearning, as aggra LLC- without warning, preparation,© Jones &or Bartlettconsideration Learning, a particular LLC crime vatedNOT if it is FOR perpetrated SALE upon OR theDISTRIBUTION elderly or the of profit potential.NOT They FORfocus SALEon individuals OR DISTRIBUTION disabled—the two kinds of victims least likely who are in the wrong place at the wrong time and who are least likely to offer resistance. opportunistic to be robbed but most in fear of being robbed robbers because of media sensationalism. Women and the elderly are their preferred Amateurs who prey Although there are more than 500,000 victims, but they tend to stay away from the upon others as the © Jones &reported Bartlett robberies Learning, a year, LLCmany more go unre- isolated© Jones areas &favored Bartlett by opportunistic Learning, robbersLLC opportunity presents (FIGURE 10.15). Most robberies occur in the itself; these robbers NOT FORported. SALE National OR DISTRIBUTION surveys (Federal Bureau of NOT FOR SALE OR DISTRIBUTION Investigation, 2010) suggest that the actual early hours of the morning before daylight in focus on individu- number is more than 1 million. Most are com- dark, unprotected areas of cities. als who are in the mitted with a weapon, and the weapon of wrong place at the wrong time and who choice is the handgun. Only 25% of all robber- are least likely to ies reported are cleared by arrest. Many crimes © Jones & Bartlett Learning, LLC © Jones & Bartlettoffer resistance Learning, LLC are reported to the policeNOT asFOR robbery. SALE Anyone OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION who has had something stolen is likely to refer to the crime as a “robbery” when, by legal definition, it may be a theft or burglary. What people call the offense is irrelevant as long as police appropriately© Jones identify & Bartlett the offense Learning, and charge LLC ©FPO Jones & Bartlett Learning, LLC the offender.NOT FOR SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION In 2009, nationwide, there were an estimated 408,217 robberies. The 2009 estimated robbery rate of 133.0 per 100,000 inhabitants reflected a decrease of 8.8% compared with the 2008 rate. © Jones &Robberies Bartlett in theLearning, United States LLC cost an estimated © Jones & Bartlett Learning, LLC FIGURE 10.15: Opportunistic robber. NOT FOR$508 SALE million OR in DISTRIBUTION losses. The average dollar value NOT FOR SALE OR DISTRIBUTION of property stolen per reported robbery in 2009 Sturti/Getty.

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© Jones &substance- Bartlett Learning,Substance-habituated LLC robbers© commit Jones & hisBartlett or her Learning,escape without LLC injury, may not be habituated robbery to support a habit. These robbers have able to provide much, if any, information to NOT FOR SALErobber OR DISTRIBUTIONgraduated to robbery from other less-lucrativeNOT FOR SALEpolice (Deakin,OR DISTRIBUTION Smithson, Spencer, & Medina- A person who com- criminal activities. They seek immediate cash Ariza, 2007). mits robbery to sup- rather than stolen goods that must be fenced. Automated teller machines (ATMs) are a port a drug habit Occasionally, they rob drugstores or dealers fertile hunting ground for robbers, and ATM to obtain© Jones drugs &directly, Bartlett but, Learning, most often, LLCthey robbers have designed© Jones special & Bartlett methods Learning, to LLC ATM robbery commit robberies as their need for a drug employ during ATM robberies. They may lie Robbery that occurs increasesNOT and FOR their SALE ability OR to purchase DISTRIBUTION the drug in wait for the victimsNOT to FOR make SALE a withdrawal OR DISTRIBUTION at an automated decreases. The frequency of these robberies and and rob them upon completion of the trans- teller machine; the the amount taken are often clues to the drug action or abduct the victims and transport robbers may wait dependence that drives these robbers. They will them to various locations to be able to max- for the victims to not rob until their drug needs go unaddressed imize the amount of money stolen, because make a withdrawal© Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC and they will attempt to steal enough to pur- many machines restrict the amount that can and rob themNOT upon FOR SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION completion of the chase the drug quantity necessary to sustain be withdrawn at one time and the number of transaction or them. Drug users are generally not under the withdrawals in a 24-hour period. Fortunately, abduct the victims influence of drugs when they rob, for it is the many banks provide security guards and video and transport them absence of drugs that motivates the robberies. cameras at their ATM locations. These video © Jonesto &various Bartlett locations Learning,Alcohol abusers, LLC on the contrary, are ©generally Jones & camerasBartlett have Learning, assisted LLCinvestigators in iden- to be able to maxi- NOT FOR SALE OR DISTRIBUTIONunder the influence of alcohol whenNOT they robFOR SALEtifying ORand DISTRIBUTIONapprehending a variety of street mize the amount of (Burns, 2007). thugs who, without knowing it, were filmed in money stolen passing by or across the street from an ATM. In Robberies investigating any kind of street crime, inves- residential tigators should examine the environment for robbery (home People© oftenJones claim & Bartlettthat they haveLearning, been robbed LLC the presence of ATMs© Jonesand their & accompanying Bartlett Learning, LLC invasion) when their car has been stolen or their homes video cameras. Robbery in a NOT FOR SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION have been burglarized. In this chapter, we will residence, which is learn that robbery is a very specific crime involv- Residential Robberies usually the result (Home Invasions) of burglaries gone ing theft from a person with the use of violence wrong because the or the threat of the use of violence. If cars have Often, a burglary that goes wrong becomes a occupants© returnJones &been Bartlett stolen, itLearning, is called auto LLC theft. If homes have residential© Jones robbery & Bartlett (home invasion),Learning, assault, LLC or or the burglarNOT was FORbeen SALE burgled, OR itDISTRIBUTION is called burglary. Only a person rape.NOT Most FOR burglars SALE are OR content DISTRIBUTION stealing from mistaken about can be robbed. homes in which the occupants are absent. Occa- the absence of sionally, occupants return or the burglar was the occupants; for Street Robberies mistaken about the absence of the occupants. an incident to be Most robberies occur on the streets of our cit- In such cases, what was intended to be a bur- a residential rob- © Jonesbery, & force Bartlett must be Learning,ies (see Table LLC 10.1 for a list of types of ©robberies Jones & glaryBartlett now becomesLearning, a residential LLC rob bery (home NOT FORused inSALE dealing with OR DISTRIBUTIONand the attendant risk of violence). NOTA typical FOR SALEinvasion) OR—if DISTRIBUTION force is used in dealing with the the occupants, and attack involves a young robber and a vulnerable occupants and possessions are removed from possessions must victim. Muggings and purse snatchings occur the person of the occupants (Brown, 2010). be removed from on the street. If a mugging or purse snatching As the prevalence of ATM robbery dem- the person of the includes violence or the threat of violence, it onstrates, crime adapts to changes in society. occupants is a robbery.© Jones A street& Bartlett robbery Learning, often involves LLC More and more people© Jones travel & and Bartlett take their Learning, LLC moreNOT than FORone offender. SALE ORThe DISTRIBUTIONmere presence valuables with them,NOT and FOR thus, criminalsSALE OR have DISTRIBUTION street robbery of a number of menacing youths demanding developed a repertoire of techniques to take A theft that occurs money and jewelry is sufficient for the victim full advantage of people’s mobility. For exam- in the streets; it to produce all valuables. If a request for spare ple, hotels and motels are common sites for includes violence or change is made from such a menacing group robbery. Furthermore, the criminals commit- the threat© of Jonesforce &but Bartlett with no threatsLearning, accompanying LLC the request, ting© theseJones crimes & Bartlett enter when Learning, the travelers LLC are and often involves the victim may believe that violence is implied in residence for the purpose of relieving them moreNOT than one FOR SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION and volunteer all of his or her valuables; with- of their possessions, rather than burglarizing offender out a threat or show of force, however, the the rooms, because they have discovered that encounter does not rise to the level of a rob- travelers generally carry their valuables on show of force bery or theft. The objective of a street robbery their forays. Use of violence is to acquire the victim’s money, wallet, credit As a variation on this theme, some rob- © Jones &or Bartlettthe threat of Learning, LLC © Jones & Bartlett Learning, LLC cards, identification, or jewelry. A street robbery bers gain entrance to people’s houses by mis- NOT FOR SALEviolence OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION can occur so quickly that the victim, celebrating representing themselves as repair persons, city

9781284082852_CH10_Dutelle.indd 242 22/12/17 8:52 pm Robberies 243

© Jones inspectors,& Bartlett or Learning, police officers. LLC The victims are information© Jones from & Bartlett an accomplice Learning, or may LLC have commercial selected based on the location and value of their had firsthand employment experience in the robbery NOT FORhomes. SALE The OR occupants DISTRIBUTION may be robbed, raped, particularNOT FOR business SALE robbed OR DISTRIBUTION or in the same Robbery at a place assaulted, or killed. Some of these residential industry. of business, typically robberies may be drug-related, and in such rob- convenience stores beries, drugs or large quantities of cash typically Vehicle Robberies are targeted. The victim of a robbery in which a © Jones & Bartlett Learning,Commercial LLC vehicles are often robbery© Jones targets, & Bartlettcasing Learning, LLC large stash of money or drugs were taken will be NOT FOR SALE OR DISTRIBUTIONespecially taxicabs and delivery trucks.NOT FORTaxi- SALEEvaluating OR a chosenDISTRIBUTION reluctant to admit the exact nature of the crime, cabs are most vulnerable, because they have robbery site in order but the criminal history of the victim may be cash readily available and the drivers may be to determine peak helpful in determining motive. lulled into taking a passenger to an isolated business periods in location where the offense can be committed. an effort to avoid witnesses and logis- Commercial Robberies Taxicab robbers tend to be violent, and the © Jones & Bartlett Learning, LLC © Jones & Bartlett Learning,tical difficulties LLC MostNOT commercial FOR SALErobbery OR sites DISTRIBUTION are small busi- drivers are often assaultedNOT FOR or murdered.SALE OR Pos DISTRIBUTION- nesses, such as liquor stores and convenience sibly because a robber has engaged in conver- stores (FIGURE 10.16). By far, the favorite sites sation and has been under visual scrutiny for delivery van are convenience stores, because they are oper- a lengthy time, he or she might be concerned robbery ated by one or two persons, their high visibility about identification by the driver and per- Typically a crime of opportunity perpe- allows ease of casing, public access makes entry ceive murder as a prevention against prosecu- © Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC trated by a group simple and unremarkable, and their location tion (dead victims cannot testify). A delivery NOT FOR SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION of young men who on interstates and major thoroughfares makes van robbery is typically a crime of opportu- have observed a van escape easy (in some parts of the country, these nity perpetrated by a group of young men who making a delivery robberies are called “stop and robs”). By casing have observed the van making a delivery and and deduced that the premises, robbers can determine peak busi- deduced that cash must have been received cash must have ness periods in an effort© Jones to avoid &witnesses Bartlett and Learning, for products LLC delivered. The group© will Jones often & Bartlettbeen received Learning, for LLC logistical difficulties. NOT FOR SALE OR DISTRIBUTIONaggressively and violently attack theNOT driver FOR and SALEproducts OR delivered; DISTRIBUTION Experienced robbers eventually begin to remove valuables from the victim after seri- the group often will weigh the risks against the benefits of small ously injuring him or her. attack the driver robberies and start to aim at higher targets. A truck hijacking is a specialty crime com- aggressively and violently and remove Robbers may progress from convenience stores mitted by well-armed and experienced offend- valuables from the to businesses that specialize in a product or ers. In a truck hijacking, an entire transport © Jones & Bartlett Learning, LLC © Jones & Bartlett Learning,victim LLCafter seriously service. The robbery of a jewelry store or a sav- vehicle and its cargo are taken. The vehicle is NOT FOR SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTIONinjuring him or her ings institution requires planning and associ- selected because of its cargo, and knowing what ates, if it is to be done effectively. Occasionally, the cargo is generally requires inside infor- a lone offender will rob a bank—usually a mation. The robbers park another truck at an truck branch office that has one employee. Generally, isolated location and offload the stolen cargo hijacking A specialty crime banks and jewelry stores require more man- into this truck. The driver is usually released © Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC committed by well- power and planning. The planning makes the unharmed and may have been the source of NOT FOR SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION armed and expe- investigation more difficult, but the increase the inside information. Traditionally, liquor, rienced offenders, in the number of felons increases the probabil- cigarettes, and high-tech consumer goods are in which an entire ity that someone will make a mistake or speak stolen (Fay, 2007). transport vehicle about one of the robberies. The perpetrators of Another specialty crime is the robbery of and its cargo are a specialty robbery may© Jones have received & Bartlett inside Learning, passengers LLC in a vehicle. Two methods© Jones have & Bartletttaken. Learning, LLC NOT FOR SALE OR DISTRIBUTIONdeveloped. In the bump-and-grabNOT method, FOR SALE OR DISTRIBUTION robbers in a vehicle select a vehicle they think specialty contains occupants with valuables. The victims’ robbery vehicle is selected based on its monetary value Robbery in which or the fact that it is a rental in a tourist area. The the robber(s) may © Jones & BartlettFPO Learning, LLC robbers bump the rear© Jones of the target & Bartlett vehicle Learning,and have receivedLLC inside NOT FOR SALE OR DISTRIBUTION stop to examine theNOT damage. FOR When SALE the OR occu DISTRIBUTION- information from an pants of the bumped vehicle exit, the robbery accomplice or may takes place. The prevalence of this practice in have had firsthand some tourist centers has prompted legislation employment experi- prohibiting rental agencies from displaying any- ence in the particular business robbed thing on their vehicles that indicates that they © Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC or in the same FIGURE 10.16: Commercial robbery. are rented. Young robbers without a vehicle may NOT FOR SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION industry Steve Cole images/Getty. pick a strategic location at a traffic intersection

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© Jones &bump-and- Bartlett Learning,and await LLCa potential target. Looking for© anJones auto & developedBartlett Learning,early in a career LLC of robbery remain grab with a purse, briefcase, or laptop computer on with the robber in later stages. These include NOT FORMethod SALE used to rob OR DISTRIBUTIONthe seat, the smash-and-grab thief usesNOT a pipe FOR SALEthe following: OR DISTRIBUTION people in vehicles, in or other device hidden in his or her clothing to Target selection procedure which robbers bump break the passenger-side window and grab the the rear of the target valuable that was spotted. Robber’s attire or disguise vehicle and stop to An especially frightening type of vehicle rob- Method of entry (if not a street robbery) examine the dam- © Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC bery is a carjacking. Instead of smashing win- age; when the occu- Words or notes employed dowsNOT of vehicles FOR stopped SALE at OR intersections, DISTRIBUTION robbers NOT FOR SALE OR DISTRIBUTION pants of the bumped Weapons chosen and used vehicle exit, the rob- commandeer cars that have stopped and steal the bery takes place vehicle and the possessions of the occupant(s). In Type of force or intimidation used some cases, the occupants are kidnapped, taken to Manner of the loot grab © Jones &an Bartlettisolated location, Learning, and assaulted, LLC raped, or mur- © Jones & Bartlett Learning, LLC smash-and- dered. Because of the fear of carjackings, Congress Departure signatures (if any) NOTgrab FORhas SALE made ORcarjac DISTRIBUTIONking a federal crime punishable NOT FOR SALE OR DISTRIBUTION Method of departure Method used to rob by up to 15 years in prison, or life imprisonment people in vehicles, if death is the result of the carjacking. in which the thief Target Selection uses a pipe or other Modus Operandi In street robberies, targets are usually deter- © Jonesdevice & hiddenBartlett in his Learning, LLC © Jones & minedBartlett by opportunity,Learning, butLLC there may be some or her clothing to NOT FOR SALE OR DISTRIBUTIONBecause of the confusion and psychologicalNOT FOR SALEselection OR process DISTRIBUTION (e.g., women, the elderly, and break the passen- trauma associated with robberies, victims’ per- the disabled may be the victims of choice). Rob- ger-side window and beries other than the street variety require grab valuables ceptions are questionable and often not very helpful. The major tool of the investigator in some type of target selection. That selection may have taken minutes or months, depending identifying© Jones a robber & Bartlett is the method Learning, employed LLC in © Jones & Bartlett Learning, LLC carjacking the robbery, along with personal characteristics on the sophistication and experience of the rob- Robbery in which of theNOT robber FOR cited SALE by witnesses OR DISTRIBUTION (TABLE 10.2). ber and the nature ofNOT the target FOR selected. SALE ORHitting DISTRIBUTION robbers comman- Robbers tend to specialize and to develop a a convenience store does not require as much deer cars that have repertoire of behaviors that have proven suc- preparation as a bank or jewelry store robbery stopped and steal cessful in the past and that they believe will or a truck hijacking. the vehicle and The selection criteria employed by the rob- © Jones &continue Bartlett to beLearning, successful. LLC It is their belief in © Jones & Bartlett Learning, LLC possessions of the methods of proven efficacy that is an investi- ber give the investigator a place to start. The occupant(s) NOT FORgator’s SALE greatest OR DISTRIBUTION ally. The traits and techniques answersNOT FORto two SALE questions—why OR DISTRIBUTION and how was this target selected?—are the first insights target into the robber’s modus operandi. If the tar- selection get could not have been selected without some Selection of a pre-robbery scrutiny, the investigator must © Jones person& Bartlett or location Learning,TABLE LLC10.2 Personal Traits and Methods© Jones of & Bartlett Learning, LLC for committing a Operation of Robbers inquire throughout the community whether NOT FOR SALErobbery OR DISTRIBUTION NOT FOR SALEany strange OR DISTRIBUTIONpersons or automobiles have been Personal Traits Methods of Operation noticed (Jacobs, 2010).

Age Geographical domain Attire or Disguise © Jones & Bartlett Learning, LLC Robbers tend to select© Jones clothing & andBartlett disguises Learning, LLC Gender Target specialty NOT FOR SALE OR DISTRIBUTION that have proved functionalNOT FOR and SALE successful. OR DISTRIBUTION Most robbers do not engage in extensive plan- Socioeconomic class Words used ning and restrict themselves to casing the places and persons to be robbed. Robbers have Literacy Weapon of choice limited wardrobes and better things to do with © Jones & Bartlett Learning, LLC their© Jonesmoney than& Bartlett to buy an Learning, array of masks LLC or Predilection for Method of entry NOT FOR SALE OR DISTRIBUTION disguises.NOT FOR Robbers SALE are OR likely DISTRIBUTION to select, con- violence sciously or subconsciously, clothing that hides a weapon, is comfortable, and allows a free Power needs* Clothing range of motion. Just as we all have favorite clothing and just as professionals have pre- *The power needs of a robber are reflected in how he or she treats tracing ferred attire for specific tasks, so do robbers. © Jones Using& Bartlett evidence to Learning,victims. Robbery LLC is a predator crime, and often, the power© andJones & Bartlett Learning, LLC A description of clothing is important when NOT FORidentify SALE and locate ORa DISTRIBUTIONcontrol exercised over the victim are as much incentivesNOT to commit FOR SALE OR DISTRIBUTION tracing the identity of offenders. The investiga- criminal robbery as the valuables that can be obtained, especially in the case of the young, amateur robber. tor depends on witnesses when gathering this

9781284082852_CH10_Dutelle.indd 244 22/12/17 8:52 pm Modus Operandi 245

© Jones information& Bartlett andLearning, should allow LLC the witnesses to sometimes© Jones in &connecting Bartlett the Learning, robber with LLC prior describe attire in his or her own way and in robberies and allows limited predictions about NOT FORhis SALE or her OR own DISTRIBUTION time. Such information may be hisNOT or her FOR future SALE conduct. OR DISTRIBUTION helpful in uncovering patterns and connecting robberies. Weapons Chosen and Used Method of Entry Robbers have a large range of weapons from © Jones & Bartlett Learning,which toLLC choose. The choice of weapon© Jones may & Bartlett Learning, LLC Entry access is significantNOT inFOR robberies, SALE as OR it is DISTRIBUTIONreflect amateur versus experiencedNOT status FOR and SALEentry OR access DISTRIBUTION in homicides and burglaries. Additionally, the planned versus opportunistic target selection. The entry point cho- behavior of the offender prior to and during A knife is an amateur’s weapon of choice, and sen by a robber to entry may be unique. Entry behavior includes its use suggests that the robber selects targets gain access to the all conduct prior to entry up to the demand for opportunistically and has limited resources site of the robbery valuables© Jones or a show & Bartlett of force. Habit Learning, creeps into LLC all and experience. If a© firearm Jones is &used, Bartlett the choice Learning, LLC of ourNOT behaviors, FOR andSALE robbers OR are DISTRIBUTION no exception. of weapon may reflectNOT the FOR sophistication SALE OR and DISTRIBUTION In convenience store robberies, the offender power needs of the robber. Sawed-off shot- will often enter the store posing as a customer guns are intimidating, limited in firepower, and may handle merchandise, engage in con- and often selected out of a need to feel pow- versation with the clerk and witnesses, or use erful and hence to carry a weapon capable of © Jones &the Bartlett restroom. Learning, Anything handled LLC by the suspect causing© Jones devastating & Bartlett tissue Learning, damage. They LLC are NOT FORshould SALE be OR processed DISTRIBUTION for fingerprints. Conve- chosenNOT despiteFOR SALE the fact OR that DISTRIBUTION they are diffi- nience store video footage is not only useful in cult to secrete upon one’s person, difficult to making a visual identification of the offender transport, and less likely than handguns to be but may also assist the investigator in retrac- disposed of upon completion of the robbery. ing the intruder’s steps and reveal possible loca- Handguns are the weapon of preference for tions of fingerprints or© footprints.Jones & Bartlett Learning,most robberies, LLC with semiautomatic© Jonesfirearms & Bartlett Learning, LLC NOT FOR SALE OR DISTRIBUTIONproviding additional firepower andNOT range. FOR A SALE OR DISTRIBUTION Words and Notes Employed revolver may be selected in the early stages of If a financial institution is the target of a rob- a robber’s career because of its cost and sim- bery, the request for money must be conveyed plicity. Amateurs will use the same weapons in some fashion. The words used are impor- repeatedly, whereas a more professional rob- tant ©in Jonesfiguring &out Bartlett the MO ofLearning, the robber. LLC The ber will select weapons© Jones commonly & Bartlett owned Learning, by LLC wordsNOT may FOR be written SALE orOR spoken DISTRIBUTION and may ordinary citizens (therebyNOT FOR reducing SALE their OR iden DISTRIBUTION- reveal more about the offender than he or she tifiability) and will dispose of each weapon recognized. The type of paper used is informa- used immediately upon completion of the rob- tive. Was the note prewritten, typed, or hand- bery (Wells & Horney, 2002). written, or was it a pasted collage? What type Hollywood movies portray modern profes- © Jones &of Bartlettpaper was Learning, used? What LLC does the note show sional© Jones robbers &as Bartlettequipped withLearning, fully automatic LLC NOT FORabout SALE the OR robber’s DISTRIBUTION command of grammar and submachineNOT FOR guns SALE and sound OR DISTRIBUTION suppressors (the sound syntax? Did the robber use paper available at correct name for a silencer). It should be noted suppressor the crime scene? What words were chosen to that unless a handgun or submachine gun is The correct name for a silencer; it is convey the robber’s demand, whether written equipped with an integral sound suppressor, only effective when or spoken? dissipating the gases that cause the sound used with weapons means dissipating the gases that operate the Although not case© determinative,Jones & Bartlett answer Learning,- LLC © Jones & Bartlettthat fire bullets Learning, at LLC ing these questions addsNOT information FOR SALE that OR will DISTRIBUTIONbolt, so only one shot can be fired beforeNOT manFOR- SALEspeeds OR less than DISTRIBUTION the assist the investigator in fashioning an MO ually re-cocking the weapon. Also, sound sup- speed of sound for the robber. An MO is often as revealing as pressors are only effective when used with a criminal profile and may be thought of as weapons that fire bullets at speeds less than information upon which a profile can be partly the speed of sound. There are two sounds that based.© InJones essence, & compilingBartlett informationLearning, aboutLLC occur as the result© of Jones a firearm & Bartlett discharge. Learning, In LLC a robber’sNOT MO FOR allows SALE the investigator OR DISTRIBUTION to get into weapons that fire aNOT round FOR at speeds SALE in ORexcess DISTRIBUTION the mind of the robber and determine, with of the speed of sound, one crack occurs at the some certainty, whether the offender will rob barrel and the other where the bullet breaks the again, the type of target that will be selected, the sound barrier. This second sound is impossible chance of violence during future robberies, and to suppress. Submachine guns are less avail- © Jones &the Bartlett geographic Learning, area within LLC which the robber is able© and Jones less likely & Bartlett to be disposed Learning, of than LLC more NOT FORcomfortable SALE OR operating. DISTRIBUTION The information gath- commonNOT FORweapons. SALE If a submachine OR DISTRIBUTION gun is used ered by the investigator not only helps in trac- in the commission of a robbery, it is likely to be ing the identity of the offender but also helps used again.

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Type of Force or Intimidation Used exactly how the robber grabbed the loot. In the © Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC robbery of a bank, if the robber directed the teller The offender brings force to bear in some fash- NOT FORbait SALE money OR DISTRIBUTION NOT FOR SALEnot to includeOR DISTRIBUTION (bills that have had ion during the course of a robbery. That show bait money Bills that have had their serial numbers recorded and have been set of force may also become part of the robber’s their serial numbers aside specifically to be given to robbers so they habit pattern. All people relegate to habit those recorded and have can be traced. They may also contain dye packs, things that they do so often that thinking about been set aside spe- which explode and color the bait money with dye cifically to be given them© becomes Jones unnecessary & Bartlett and Learning, a waste of time:LLC © Jones & Bartlett Learning, LLC upon exit from the location), several questions to robbers so they which shoe to put on first, which arm to wash NOT FOR SALE OR DISTRIBUTION are raised: NOT FOR SALE OR DISTRIBUTION can be traced first in the shower, how to insert the key into the ignition of a vehicle, where to carry one’s car Has the robber worked in a financial keys, which buttons to button first on one’s shirt. institution? habit pattern Many of one’s habits can tell an observant person Things done so often Has the robber learned about bait money something about who and what someone is. So that thinking© aboutJones & Bartlett Learning, LLC ©through Jones experience & Bartlett (suggesting Learning, the LLC possi- too do robbers fall victim to habit patterns that them NOTbecomes FOR SALE OR DISTRIBUTION NOTbility FORof a criminal SALE record)?OR DISTRIBUTION unnecessary and a are specific to the offenses they commit. Such Has the robber been provided with inside waste of time; when habits are considered a robber’s MO, but they these habit patterns may be indicative of habits that transcend the information? are a consistent crime and reflect who and what the offender is, © Jones part& ofBartlett a person’s Learning,independent LLC of the offense being investigated.© Jones & DepartureBartlett Learning, Signature LLC robberies, they are NOT FOR SALE OR DISTRIBUTIONThe language used by a robberNOT is such FOR SALEEvery robbery OR DISTRIBUTION comes to an end. Of potential called the robber’s a habit pattern. The words selected for the significance is the manner in which the rob- modus operandi purpose of committing the offense indicate ber exits the premises and the robber’s actions the type of language with which the offender toward witnesses and victims—what he or she is most comfortable. The choice of words is not does to them or has them do. If they have been accidental;© Jones the &robber Bartlett has pickedLearning, them LLCand bound, trace evidence© Jones will be & present. Bartlett If they Learning, LLC rehearsedNOT them.FOR TheSALE words OR said DISTRIBUTION may be what were directed to lieNOT face FORdown SALEon the floor,OR DISTRIBUTION a departure the victim best remembers about the offender, departure signature may be in the making. Any signature or they may be the only thing upon which last comments or behaviors unnecessary to the Any last com- multiple victims can agree. It is a safe assump- completion of the robbery may become the rob- ments or behaviors tion that the words selected have been used in ber’s trademark or signature, as though he or unnecessary to the © Jones &the Bartlett past and Learning,will be used LLCagain in the future. she© were Jones signing & Bartlett a just finished Learning, letter or LLC work completion of the NOT FOR SALEConversations OR DISTRIBUTION between offenders in multi- of NOTart. A signatureFOR SALE is a partOR ofDISTRIBUTION the robber’s MO robbery that become ple-person robberies can also reveal something the robber’s trade- and sometimes is the most obvious connection about the offenders and their relationships. mark or signature, between the robbery being investigated and Professional robbers will keep conversation to as though he or other crimes committed previously. A signature she were signing a a minimum and may restrict communication to can occur at any time during the course of the © Jonesjust-finished & Bartlett letter or Learning,nods and LLCgestures. Their original demand© Jones may & robbery,Bartlett depending Learning, on the LLC imagination and psy- NOT FOR SALEwork of artOR DISTRIBUTIONbe a collage constructed on nondescriptNOT paper. FOR SALEchological OR need DISTRIBUTION for recognition of the offender. Yet, most robberies are charged with excite- A kiss to female victims, a slap, or a beverage ment and require spontaneous decisions to taken in celebration are examples of signatures address the ever-changing circumstances, elic- left by robbers. iting verbal responses from the offenders. These responses© Jones may add & toBartlett the profile Learning, that is develop LLC- Method of Departure© Jones & Bartlett Learning, LLC ing ofNOT the offenders FOR SALE and their OR relationships DISTRIBUTION with NOT FOR SALE OR DISTRIBUTION each other. Spontaneous comments may pro- One of the most valuable variables of the MO is vide names and demonstrate that the robbers how the robber escapes the scene—on foot, in know the layout, the geographical area, the secu- a car, or on a motorcycle or bicycle. The most rity system, or police procedures. It is important easily traceable element of the offense may be © Jones &to Bartlettglean every Learning, word uttered LLC and every gesture the© method Jones of & escape. Bartlett Victims Learning, may be LLCable to NOT FORmade SALE by theOR robbers. DISTRIBUTION The investigator will want provideNOT the FOR make, SALE model, OR and DISTRIBUTION color of the vehi- to ask each victim when that victim first realized cle. They may even recognize the vehicle as one that a robbery was in progress and what the rob- they have previously seen in the neighborhood. bers said or did to convey that message. This is the type of information that may be gath- ered from a canvass of the neighborhood. Some Manner of the Loot Grab © Jones & Bartlett Learning, LLC © Jones & peopleBartlett are reluctantLearning, to approach LLC the police with NOT FOR SALE OR DISTRIBUTIONThe loot (possessions) taken was obtainedNOT in FOR a SALEinformation, OR DISTRIBUTION even if they understand that the particular fashion—by request, demand, ges- information is relevant. It is more difficult for ture, or self-help. It is important to determine a person to shirk his or her civic responsibility

9781284082852_CH10_Dutelle.indd 246 22/12/17 8:52 pm Robbery Checklist 247

© Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC NOT FOR SALEINVESTIGATOR’S OR DISTRIBUTION NOT FOR SALE© OR Shutterstock/Janaka DISTRIBUTION Dharmasena. NOTEBOOK Goals of Gathering Information By gathering all of the ©information Jones possible& Bartlett at a robbery Learning, crime scene, LLC the investigator is working toward© Jones & Bartlett Learning, LLC three separate but interdependentNOT FOR goals: SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION 1. Reconstruction of the robbery 2. Identification of the robbers 3. Construction of the MO and comparison of it with those of other robberies ©A Jonescomplete &MO Bartlett is never forthcoming. Learning, The LLC objective of the investigator is to© gather Jones as much& Bartlett informa- Learning, LLC tionNOT as possible FOR in SALEthe hopes OR of being DISTRIBUTION able to construct a working hypothesis asNOT to the FOR offender’ SALEs MO. ORBy DISTRIBUTION comparing the MO in one case with those of similar robberies, the names of prior offenders may arise as

© Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC NOT FORwhen SALE looking OR DISTRIBUTIONinto the eyes of a hardworking, effect.NOT The FOR doorway SALE through OR DISTRIBUTION which entry was courteous investigator who is trying to protect made may reveal fingerprints. The cash register the neighborhood and its citizens. It should or display cases handled by the robbers may ren- not be assumed that all witnesses have been der fingerprints, as may any merchandise han- rounded up by the first-responding officers, nor dled by an offender while posing as a customer. that all witnesses have© comeJones forth & voluntarily.Bartlett Learning,It is the LLCinvestigator’s job to determine© Joneswhich, if & Bartlett Learning, LLC NOT FOR SALE OR DISTRIBUTIONany, of these potential repositories NOTof evidence FOR SALE OR DISTRIBUTION Processing the Robbery may exist (Fish, Stout, & Wallace, 2011). Crime Scene Vehicles recovered after a robbery may con- The crime scene in a robbery includes the rob- tain a wealth of forensic evidence. It is impossible bers’ modes of arrival and departure. It may to operate a motor vehicle without leaving some extend© Jonesto the area & Bartlett from which Learning, a vehicle LLCused type of trace evidence.© Jones In one robbery & Bartlett homicide, Learning, LLC in a NOTrobbery FOR was SALE stolen ORand DISTRIBUTIONto the location for example, a blackNOT plastic FOR bag wasSALE tied OR with DISTRIBUTION a of the vehicle after it has been abandoned. It cord around the victim’s head. Upon arrest of may include a motel room where the robbers the suspect, a box of plastic garbage bags and planned the crime and to which they returned a spool of cord were found in the trunk of his to divide the spoils. It is necessary to see a rob- car. An examination of the striations imparted to © Jones &bery Bartlett as a dynamic Learning, entity, withLLC a beginning and the© bags Jones during & the Bartlett manufacturing Learning, process LLC iden- NOT FORend SALE apart OR from DISTRIBUTION the person robbed or from the tifiedNOT the FOR bag in SALE the homicide OR DISTRIBUTION as having come place where the coerced transfer of money or from the box of unseparated bags. Also, the end goods occurred. Much of the investigative effort of the rope at the crime scene had been cut, and will be focused on determining the beginning when that rope and the rope on the spool in the point and end point of the robbery. Although suspect’s trunk were viewed under a compari- not immediately apparent,© Jones they become & Bartlett evident Learning, son microscope, LLC there was little doubt© Jones that the & Bartlett Learning, LLC during the course of theNOT investigation. FOR SALE OR DISTRIBUTIONformer had been cut from the spool.NOT FOR SALE OR DISTRIBUTION The robbery scene itself may be of evi- The discharge of firearms at a robbery opens dentiary value, based on what the offender or up another realm of forensic evidence. The most offenders did while at the scene. The possi- common evidence will be shell casings and spent bility of finding fingerprints, footprints, trace bullets. Both casings and bullets have substantial evidence,© Jones or tire tracks& Bartlett depends Learning, on what the LLC rob- evidentiary value. ©Firearm Jones identification, & Bartlett Learning,dis- LLC bers NOTdid and FOR whether SALE the investigatorOR DISTRIBUTION discovers cussed in Chapter 8,NOT is applicable FOR SALE in any investiOR DISTRIBUTION- what they did. If the investigation revealed that gation in which a firearm is used or suspected. a vehicle had been parked at a particular location for an extended period of time while rob- Robbery Checklist bers cased the site, there may be evidence of that © Jones &wait. Bartlett Tire tracks, Learning, litter, or footprintsLLC in adjacent Every© Jones crime is & unique Bartlett and Learning, requires an LLCinves- NOT FORsoil SALE may be OR the DISTRIBUTION product of a lengthy surveillance, tigationNOT tailoredFOR SALE to the ORcrime, DISTRIBUTION the victim, and and the knowledgeable investigator may be able the situation. Yet, enough commonalities exist to discover such evidence and use it to good among investigations to allow the creation of

9781284082852_CH10_Dutelle.indd 247 22/12/17 8:52 pm 248 CHAPTER 10 Theft, Burglary, and Robbery

NOT Soil FOR SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION

Broken glass, asphalt, gravel (carried in the soles of the shoes)

Hair on headrests and roof liner © Jones & Bartlett Fingerprints Learning, (on all glass LLC surfaces, door handles, dashboard,© Jones and radio & Bartlettcontrols) Learning, LLC NOT FOR SALE Cigarettes OR DISTRIBUTION and litter (in ashtray; on floor; in glove compartment;NOT FOR behind SALE sun visors; OR on, DISTRIBUTION under, and behind seats)

Tire treads (impressions and residue, which may be identifiable in dirt or gravel)

Saliva (left on cigarettes, cups, or discarded bandanas or other items used as a mask)

© Jones & Bartlett Learning, Trace LLC materials (fiber, blood, dirt, glass,© Jones any of which & Bartlett may be on Learning,both the robber LLC and the victim if NOT FOR SALE OR DISTRIBUTIONphysical contact between them occurred)NOT FOR SALE OR DISTRIBUTION

Toolmarks (identifiable characteristic marks left by knives, pry bars, and other instruments used at the crime scene)

Rope and tape © Shutterstock/Nutink. © Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC NOT FOR SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION a checklist for the purpose of ensuring that all other in the order given. The list is best used to investigative issues have been addressed. The determine if an investigation has addressed all checklist in the Investigator’s Notebook is illus- of the potential sources of information that may trative only, and the steps need not follow each be available. © Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC NOT FOR SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION

INVESTIGATOR’S © Shutterstock/Janaka Dharmasena. NOTEBOOK © Jones & Bartlett Learning,Checklist LLC for Processing the© SceneJones of& Bartletta Robbery Learning, LLC NOT FOR SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION 1. Triage the injured. 2. Provide first aid. 3. Contact emergency medical assistance. 4. ©Identify Jones any &victims. Bartlett Learning, LLC © Jones & Bartlett Learning, LLC NOTa. Ascertain FOR thatSALE a robbery OR hasDISTRIBUTION occurred. NOT FOR SALE OR DISTRIBUTION b. Interview victims (sooner rather than later). 5. Separate witnesses. a. Identify witnesses. b. Interview witnesses. © Jones & Bartlettc. Canvass Learning, the community. LLC © Jones & Bartlett Learning, LLC NOT FOR SALE6. Provide OR aDISTRIBUTION broadcast dispatch. NOT FOR SALE OR DISTRIBUTION a. Describe the suspect or suspects. i. Gender ii. Race iii. Clothing © Jones & Bartlett Learning, iv.LLC Physical characteristics (height,© weight,Jones hair & color) Bartlett Learning, LLC NOT FOR SALE OR DISTRIBUTIONv. Identifiable characteristics (scars,NOT tattoos) FOR SALE OR DISTRIBUTION vi. Weapons

9781284082852_CH10_Dutelle.indd 248 22/12/17 8:52 pm Questions for Review 249

© Jones & Bartlettb. Describe Learning, the vehicle. LLC © Jones & Bartlett Learning, LLC NOT FOR SALE ORi. Direction DISTRIBUTION of travel NOT FOR SALE OR DISTRIBUTION ii. Time of departure iii. Number of occupants iv. Make, model, year, and color v. License number vi. Stolen status© Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC 7. Search the surroundingNOT arFORea (if applicable).SALE OR Contact DISTRIBUTION hostage negotiators if hostages were takenNOT or FORthe SALE OR DISTRIBUTION situation becomes barricaded. 8. Process the crime scene. a. Locate the scene (which may include a wide geographic area). ©b. Jones Protect the& Bartlettscene (including Learning, people, places, LLC and things). © Jones & Bartlett Learning, LLC NOTi. FORLog all SALEtraffic in andOR out. DISTRIBUTION NOT FOR SALE OR DISTRIBUTION ii. Handle and package evidence. 9. Identify MO. 10. Utilize street sources of information. 11. Prepare the case for trial (a case summary or prosecutorial summary is a good tool [see the following

CONCLUSION © Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC This chapter shows NOTthat theft, FOR burglary, SALE OR and DISTRIBUTIONmost cases, they will rob again. AbsentNOT genu FOR- SALE OR DISTRIBUTION robbery can take many forms and that the ine efforts to catch robbers through stings and investigation of each requires attention to surveillance, patrol response is likely to be of detail. Burglaries are the silent dread of every- little help. one who has a lock on his or her door. We often Because robberies occur predominately think© of Jones burglaries & Bartlett as crimes Learning, of property LLC but on the street, there© Jonesis little &useful Bartlett evidence Learning, LLC forgetNOT that FORmuch SALEof what OR we haveDISTRIBUTION we worked available to respondingNOT officers. FOR SALE The area OR sur DISTRIBUTION- hard for and many things of value are worth rounding the robbery should be canvassed for more because of the sentiment attached to individuals who saw something or who recog- them. Those who say burglary is a property nized the offenders. In truth, most robbers are crime have never been burglarized. caught either in the act or in the act of selling or © Jones & BartlettIn most streetLearning, robberies, LLC the victim is trau- pawning© Jones items & taken Bartlett from Learning,their victims. LLC NOT FORmatized SALE toOR the DISTRIBUTION extent that little useful infor- NOTOften, FOR these SALE crimes ORare committedDISTRIBUTION by peo- mation is generally available. Most victims of ple in search of or in need of drugs. Much of robbery are so pleased to be released unhurt what is stolen in burglaries is fenced for as little that other considerations pale. In robberies, as 10 cents on the dollar. That money, in many as in most other “stranger” crimes, the prob- instances, is used to fuel a drug habit. In the ability of apprehending© theJones offender & Bartlett is remote, Learning, next chapter, LLC we will consider drugs:© what Jones they & Bartlett Learning, LLC and as time passes, NOTthat probability FOR SALE lessens. OR DISTRIBUTIONare, what they do, and how law enforcementNOT FOR SALE OR DISTRIBUTION We do know that robbers have turf and that in carries on the war on drugs.

QUESTIONS© Jones & FORBartlett REVIEW Learning, LLC © Jones & Bartlett Learning, LLC NOT FOR SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION 1. What is the definition of larceny? 5. How does unauthorized use of a motor vehicle differ from auto theft? 2. How does larceny differ from theft? 6. What role does a fence play in the theft 3. What has been the impact of consolidating business? © Jones & Bartletttheft offenses? Learning, LLC © Jones & Bartlett Learning, LLC NOT FOR SALE OR DISTRIBUTION 7.NOT What FOR is the SALEvalue of ORtoolmarks DISTRIBUTION to a burglary 4. How does someone convert property that is investigator? not his or hers?

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© Jones & Bartlett Learning,8. Of what LLC value are the point of entry,© method Jones & 17.Bartlett What isLearning, a street robber LLCy? of entry, and approach to entry to the bur- NOT FOR SALE OR DISTRIBUTION NOT FOR SALE18. How OR might DISTRIBUTION one defend against a street glary investigator? robbery? What is a VIN, and of what value is it to a 9. 19. What social and technological changes have burglary investigator? led to the creation of new types of robbery? How does stripping a vehicle differ from 10. 20. What are specialty robbers, and what do chopping© Jones a vehicle?& Bartlett Learning, LLC © Jones & Bartlett Learning, LLC NOT FOR SALE OR DISTRIBUTION they specialize NOTin? FOR SALE OR DISTRIBUTION What right to possession has a bona fide 11. 21. What is the difference between a bump- purchaser of stolen goods? Why? and-grab robbery and a smash-and-grab 12. What propositions should come to the mind robbery? of the carjacking investigator? © Jones & Bartlett Learning, LLC 22.© How Jones is a carjacking & Bartlett conducted? Learning, LLC 13. Why might it be a good idea to photograph NOT FOR SALE OR DISTRIBUTION 23.NOT What FOR does itSALE mean toOR say DISTRIBUTION that a robber has a tool impression prior to making a mold a modus operandi? of it? 24. What is a case summary, and what value 14. Why should tire impressions be taken with does it have? the tire still on the vehicle? © Jones & Bartlett Learning, LLC © Jones & 25.Bartlett What Learning,should be LLCcontained in a case 15. What is the difference between a simple summary? NOT FOR SALE OR DISTRIBUTIONrobbery and an aggravated robbery?NOT FOR SALE OR DISTRIBUTION 26. What would be included in a robbery check- 16. What is an opportunistic robber, and how list? Why? does an opportunistic robber differ from a career robber? © Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC REFERENCESNOT FOR SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION

Brown, D. L. (2010). Home invasion: The fear is real. Harlow, C. W. (1988). Motor vehicle theft. Washing- Niles, OH: Parkway Press. ton, DC: U.S. Department of Justice, Bureau of Burns, M. (2007). Medical-legal aspects of drugs Justice Statistics. © Jones & Bartlett(2nd ed.). Learning,Tucson, AZ: Lawyers LLC and Judges. Jacobs,© Jones B. A. (2010, & BartlettMay). Serendipity Learning, in robbery LLC tar- NOT FORDeakin, SALE J., OR Smithson, DISTRIBUTION H., Spencer, J., & Medina- NOTget selection. FOR SALE The British OR Journal DISTRIBUTION of Criminology, Ariza, J. (2007, February). Taxing on the streets: 50(3), 514–529. Understanding the methods and process of Osterberg, J. W., & Ward, R. H. (2010). Criminal inves- street robberies. Crime Prevention and Commu- tigation: A method for reconstructing the past. Cin- nity Safety, 9(1), 52–67. cinnati, OH: Anderson. © Jones & Bartlett Learning,Fay, J. J. (2007). LLC Encyclopedia of security management© Jones & Saferstein,Bartlett Learning,R. (2014). Criminalistics: LLC An introduction NOT FOR SALE OR DISTRIBUTION(2nd ed.). Burlington, MA: Elsevier. NOT FOR SALEto forensic OR DISTRIBUTION science (11th ed.). Englewood Cliffs, Federal Bureau of Investigation. (2010). Uniform NJ: Prentice Hall. crime reports. Washington, DC: U.S. Department Wells, W., & Horney, J. (2002, May). Weapon of Justice. effects and individual intention to do harm: Fish, J., Stout, R. N., & Wallace E. W. (2011). Practi- Influences on the escalation of violence. cal© crimeJones scene & investigations Bartlett Learning, for hot zones. LLCBoca Criminology, 40(2),© 265–296. Jones & Bartlett Learning, LLC Raton,NOT FL: FOR Taylor SALE & Francis. OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION

KEY LEGAL CASES

© Jones &Commonwealth Bartlett Learning, of Pennsylvania LLC v. Muniem, 303 A.2d. People© Jones v. Jaso , &84 Bartlett Cal. Rptr. Learning, 567 (Cal. Ct. LLC App. NOT FOR SALE528 (Pa. OR Super. DISTRIBUTION Ct. 1973). NOT1979). FOR SALE OR DISTRIBUTION Greek Orthodox Church of Cyprus v. Goldberg et al., 917 People v. Johnson, 28 Ill.2d 441, 192 N.E.2d 864 F.2d 278 (7th Cir. 1990). (1963).

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