Quote:
Originally Posted by hcoles
I'll stand somewhat corrected. Apparently the LEOs that came to the seane didn't think there was a crime committed or at least one that the DA wants to take on.
In out jurisdiction they use the 4 prong test:
- did a crime happen?
- do we know the exact ID of the perp?
- can we prove it beyond a reasonable doubt with ease?
- is it the right thing to do?
Is a Dewalt tool fall under the legal definition of a burglary tool? I don't know.
The question I think we are attempting to ask... Does enforcement and penalty reduce the occurence of this crime enough to satisfy the State? These crimes are against the State unless it is a civil matter pressed by the private party or business.
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The officer could have written a "suspicious circumstances - possible grand theft" report and detailed everything discovered and found, especially if there was suspect information. To make an arrest, the officer would need probable cause, not proof beyond a reasonable doubt. The suspect could have been arrested, interviewed by detectives, a search warrant written for his cell phone (communication and GPS locations), and vehicle(s) identified. If he was on probation or parole and his search conditions allowed for search of his residence, a roll-back could have been done as well.
Any item can be considered a "burglary tool" if the officer can articulate how the specific item can be used and its capability.
David