Police Department Policy

163 THEFTS

Village of El Portal Police Department

Policy Text
POLICY 163.0LARCENY/THEFT REVISED: 11/2011 RELATED POLICIES: Reviewed by Chief David Magnusson 4/2019 A.THEFT A person commits a theft (larceny) if he/she knowingly obtains or uses, or endeavors to obtain or to use the property of another with intent to either permanently or temporarily deprive the other person of the right or a benefit therefrom, or to appropriate the property to his own use, or to the use of any person not entitled thereto. 1.Petit Theft (misdemeanor) - any property valued at less than $300.00. 2.Grand Theft (felony) - any property valued at $300.00 or more. a.A will, codicil, or other testamentary instrument b.A firearm c.A motor vehicle d.Any fire extinguisher e.Any property taken from a designated construction site as identified by the posting sign as provided in § 810.09(d) Fla. Statute. f.Any horse or cattle, and certain amounts of citrus fruit. B.POSSESSION OF STOLEN PROPERTY 1.Proof of knowledge that the item is stolen must be established in order to establish probable cause for the crime of theft, i.e., suspect attempts to elude officers, statements made by suspect, changing color of vehicle or license plate in case of automobile, etc. 2.If the person in possession of the stolen property has a reasonable explanation for being in possession of the stolen item(s), i.e., bill of sale or other proof of ownership, further investigation should be conducted. C.FILING FELONY THEFT CASES It is the responsibility of the appropriate Detective to file felony theft cases. Promptly notifying the Chief of Police or his/her designee of felony arrests will aid in the successful prosecution of the offender. D.CRIME SCENE AND RECOVERED PROPERTY WILL BE PROCESSED. Page 1 of 2 1.Any recovered property will be handled according to evidence procedure. 2.Any property returned to victim will be authorized by a supervisor. 3.Photos must be taken of returned items which will be placed in evidence in lieu of the actual property. E.AFFIDAVITS OR STATEMENTS Affidavits or statements of victim and witnesses have to be obtained by the officer prior to the 21-day case filing deadline. Special efforts will be made to obtain affidavits in felony arrest cases involving out-of-town victim and witnesses. Page 2 of 2

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