Burglary Chapter 15. Copyright ©2008 The McGraw-Hill Companies, Inc. All rights reserved. 2 THE...

Burglary

Chapter 15

Copyright ©2008 The McGraw-Hill Companies, Inc. All rights reserved.

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THE NATURE OF BURGLARY

• Burglaries are among the most difficult crimes to solve.

• Contact between burglars and victims is infrequent, and burglaries may not be immediately discovered.


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Burglary, Number of Offenses, 2000-2004

Year Number of Offenses Rater per 100,000 Inhabitants

2004 2,143,456 741.0

2003 2,154,834 729.9

2002 2,151,875 741.8

2002 2,116,531 746.2

2000 2,049.946 770.4


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LEGAL ASPECTS OF THE CRIME OF BURGLARY

• Common law burglary– Breaking and entering of the dwelling house of

another in the nighttime, with intent to commit a felony therein.

• Burglary– Entering a building or structure without the consent

of the person in possession of that building or structure to commit a crime therein.

– In addition, certain state statutes classify it into first-, second-, and even third-degree burglary.


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LEGAL ASPECTS OF THE CRIME OF BURGLARY

• Crimes may be classified as breaking and entering rather than burglary to further distinguish the criminal act.

• Many people use the terms burglary and breaking and entering as synonyms when referring to any one of these offenses


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TYPES OF BURGLARIES• Residential burglary– A burglary committed at a dwelling place, whether occupied

or vacant.– Most residential burglars target items of moderate value,

such as televisions, stereo equipment, and jewelry, that are easily transported and “fenced” (sold for cash or drugs).

• Commercial burglary– A burglary committed at a place of business or commerce.– In many cases, commercial burglaries are better planned

than residential ones.


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Methods of Operation

• During a Party– The burglar loots bedrooms or other household

areas where guests leave their coats, purses, or other valuables during a party.

– He or she may be a guest or a person who crashed the party.

• Following a Telephone Call– The burglar telephones a residence to ascertain if

anyone is home.


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• Package Delivery– The burglar feigns a package delivery. If no one

answers the door, he or she picks the lock and burglarizes the premises.

• Careless Residents– Occupants leave doors or windows unlocked or

spare keys in obvious places


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Methods of Operation• Tunnel or Cut-In– The burglar tunnels or cuts through the roof, the ceiling, a

wall, or the basement.

• Cat or Human Fly– Burglar is an aerialist, climbing up or down the side of a

building to gain entry through a window or balcony door.

• Jimmy or Celluloid– Prying tool or instrument of any sort used to force open a

door, window, or lock.– Jimmying is the most common method of entry to commit a

burglary.


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• Hiding Out– The burglar enters a commercial establishment during

regular business hours and then conceals him- or herself, remaining hidden until the business has closed and all employees have left.

• Opportunistic– The burglar drives around residential communities looking

for a good target.• Smash and Grab– The burglar smashes a store window, grabs jewelry or other

display merchandise, and flees.


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• Research before Burglary– The burglar researches a potential target before

striking.

• Dishonest Workers– Have keys to the place of employment.

• False Report– Report a burglary that never happened to conceal

crime.


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Tools of the Trade• Burglary tools– Any assortment of tools, picks, or household items such

a scissors, paperclips, or credit cards used in committing a burglary.

– The tools chosen by burglars depend on the method of entry and the type of burglary |planned, a residence, a commercial enterprise, a vault, or a safe.


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Tools of the Trade• Burglary tools may consist of

specialized tools used by locksmiths that have few other uses.


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INVESTIGATING BURGLARIES• During the preliminary stages of a burglary

investigation, the investigator should seek evidence to show the following: The suspect was actually in the building. The suspect was in the vicinity at the time of the

burglary. The suspect has loot or other

property from the burglary. What was the suspect’s modus

operandi?


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INVESTIGATING BURGLARIES

• The first element in this list is the most difficult to demonstrate. – In the absence of fingerprints

or palm prints, investigators should try to find traces of physical evidence on the suspect or the suspect’s clothes that link the suspect to the crime scene.


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Precautions during the Preliminary Investigation

• When responding to a burglary call, an officer should be alert for people standing around, fleeing the area, or sitting in automobiles and for suspicious-looking cars parked near the scene.

• When answering an alarm call , a call in response to either an audible or silent alarm, officers should search the inside of the building after the owner, proprietor, or security company representative has opened it.


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• When responding to nonalarm calls, where someone has reported the crime or where the police have discovered it, the circumstances of the case should dictate the procedure required and the decision about whether to search the premises.


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• Alarm call – Notification of the police by audible or silent alarm

that a crime such as a break-in has (or is) occurring.

• Nonalarm call – Notification of the police by citizen alert or direct

observation that a crime such as a break-in has (or is) occurring.


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Conducting a Burglary Investigation

• Preliminary investigation of a burglary– Apprehension of suspects– Protection of the crime scene– Searching for evidence– Determination of the method of operation– Identification of witnesses, victims, and possible

suspects


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Conducting a Burglary Investigation

• Ideally, a burglary investigation should involve more than a single officer.

• When the first officer arrives on the scene, he or she should take an appropriate vantage point and await the arrival of backup units.


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Diagonal Deployment• A method of arranging officers to both secure and observe a

crime scene. • Officers arrange themselves so that each can observe two sides

of a building at once by placing themselves at opposing corners of the building.


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Burglary Suspects and Their Apprehension

• After the Miranda warnings have been given, other actions the investigator should take include, but are not limited to, the following:– Seize all of the suspect’s wearing apparel, including

shoes, for lab examination.– Review each item of property found in the suspect’s

possession.– Search the suspect’s vehicle (obtain a search

warrant or the consent of the suspect).


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• Determine the names and addresses of all the suspect’s friends and associates.

• Record all discovered facts and obtain the suspect’s statement.• Check the records bureau, M.O. files, bulletins, computer

databases, and other sources for related or similar crimes.• Follow up on such items as the suspect’s past activities and

whereabouts during questionable dates and times.• Fingerprint and photograph the suspect, and obtain handwriting

specimens (especially useful where checks or documents may have been stolen).

• Follow up on any leads that result from any of the previous actions.


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• If a search is to be conducted of a suspect’s residence, remember that the suspect’s consent and waiver or a search warrant must be obtained.


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Victims of Burglaries• Emotional impact it has on the victim can be long term

and significant.– Assist in securing the property immediately following the

incident’s discovery and investigation (securing doors, windows, locks, etc.).

– Suggest how to repair or replace a lock and how to better secure the premises.

– Refer the victim to victim assistance agencies that may be able to provide financial aid for replacement of property stolen or for repairs.

– Assist victim with filling out various forms (e.g., police forms and insurance forms).

– Suggest long-term ways of better securing the premises (e.g., sensor lighting, alarms, or better locking devices).


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SAFE BURGLARIES

• Generally, safes may be divided into two classifications: – Fire-resistant safes, or fireboxes, and– Burglar-resistant safes, or money chests or vaults.• This type of safe is often made of laminated or solid steel

and may have dense, heavy insulation intended to make penetration more difficult.• Such safes are never burglar proof, but they can ward off

a successful attack from a burglar for a certain amount of time.


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Attack Methods for Opening Safes

• Hand Manipulation– All but a lost art– Opening a combination lock by listening to and

feeling the tumblers of the lock as they fell into place.

– Most safes today are equipped with manipulation-proof locking systems, sometimes involving electronic locking mechanisms.


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• Punching– The dial knob of the safe is knocked off and a

punch placed on the exposed spindle behind it.– The spindle is then driven backward with sufficient

force to break the lockbox loose from its mountings.

– Once accomplished, the handle can be turned and the door opened.


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• Hauling or Carrying Away– This method is most often used by inexperienced

burglars or those who are not skilled enough to quickly and quietly open a safe on the premises.

• Ripping or Peeling– Fire-resistant safes because of their construction.– Metal outer shell can be peeled off the door with a

bar, exposing the locking mechanism.


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• Pulling or Dragging– Places a heavy metal plate with a V-shape cut out of it over

and behind the dial. – The plate has several heavy bolts through it. – As the screws are tightened, the V plate lifts and pulls the

dial and spindle out of the safe, allowing entry. – This method is the opposite of punching.

• Chopping– The safe is turned upside down, and the bottom is smashed

with an ax or a sledgehammer.


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• Torching or Burning– The oxyactylene cutting torch is one of the most

effective tools used by a safe burglar.

• Drilling– Drilling can be a highly effective means of opening a

safe, but it is time consuming.


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• Using Explosives• Nitroglycerin, trinitrotoluene (TNT), and

various plastic explosives.


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Investigating Safe Burglaries

• Safe burglars usually work in groups of two or more, and they are adept at leaving few traces of their identity at the scene of the crime.

• Safe burglars often case their jobs to obtain information about:– security systems– guards– possible means of entry and escape– the type and location of the safe and locking mechanisms– the habits of personnel– police patrol patterns– activities of neighborhood residents


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Investigating Safe Burglaries• Safe burglars do tend to develop a fairly consistent

modus operandi.– Prevent unauthorized persons from entering the location.– Check the premises, inside and out, to determine the points

of entry and exit and the modus operandi. – Victims or employees may help by pointing out any

disturbed areas (articles that have been moved, doors opened or closed, missing items, and so on).

– Attempt to reconstruct the activities of the burglars without disturbing possible trace evidence.

– Sketch and photograph the scene. • Include the relationship of physical evidence to the safe,

the safe itself, the points of entry and exit, and any damage marks.


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• Collect any physical evidence at the scene. • Interview all persons who have access to the

safe or its location. • Determine the make, size, weight, and serial

number of the safe.• Check areas adjacent to the premises for

possible shoe prints, tire prints, or discarded items.


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• Have identifiable stolen property indexed in the records bureau.

• Examine pawnshop and secondhand store records for stolen items.

• Consult personal or department M.O. files for possible leads.

• Send bulletins to other police agencies describing the identifiable missing items.


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NATIONAL CRIME INFORMATION CENTER

• Tracing and recovering stolen property is much easier using the National Crime Information Center (NCIC) operated by the FBI.

• Using connecting terminals throughout the United States, local, state, and federal law enforcement agencies can access the NCIC to obtain information on stolen, missing, or recovered weapons; stolen articles, vehicles, and license plates; and stolen, embezzled, or missing securities.

• Also available are other databases such as the Missing Persons File and the Violent Gang/Terrorist File.

Burglary Chapter 15. Copyright ©2008 The McGraw-Hill Companies, Inc. All rights reserved. 2 THE...

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