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Criminal Investigation, 8/e

Charles R. Swanson, University of Georgia
Neil C. Chamelin, Assistant State Attorney, Second Judicial Circuit
Leonard Territo, University of South Florida- Tampa

Burglary

Chapter Outline

I. OFFENDERS (See Slides 13-2, 13-3, and 13-4)

A. The nature of burglary has stayed the same over time, but how it is committed changes, largely as an influence of technological advances and architectural design.

B. While burglars may be classified according to a number of variables, such as preferences for premises to be attacked and types of property that they will, or will not, take, the most useful classification is skill.

1. While many professional burglars may commit only a few offenses a year, they are of considerable interest to investigators because of the large value of cash or property taken and their intimate knowledge of sophisticated fencing systems, which are often detected, and therefore investigated, only following the apprehension of a professional.

2. Amateur burglars often operate on the basis of impulse or react to suddenly presented opportunities.

II. THE LAW (See Slide 15-5)

A. The crime of burglary generally consists of the following elements:

1. breaking and

2. entering

3. a dwelling house or other building

4. belonging to another

5. with the intent to commit a crime therein.

B. Burglary and related offenses are classified as crimes against the habitation, dwelling, or building itself; no force need be directed against a person.

III. APPROACHING THE SCENE AND INITIAL ACTIONS (See Slide 13-6)

A. When responding to a burglary-in-progress call, uniformed officers should drive rapidly while avoiding excessive noise, such as the dramatic but unnecessary use of the siren.

B. When dispatched to a burglary-in-progress call, the uniformed officer working alone should attempt to coordinate his or her arrival time and position with the backup unit.

C. If a burglary has been committed and the police department has a canine unit, the uniformed officer at the scene should request its presence prior to entering the building.

IV. INVESTIGATIVE CONSIDERATIONS AT THE SCENE (See Slide 13-7 and 13-8)

A. Recognition of Burglary Tools

Most often when tools used int eh commission of a burglary are recovered at the scene, they will not be greatly differentiated from those found in many households.

B. Surreptitious Entries

Occasionally, the investigation of a burglary cannot establish a point of entry or exit.

C. Importance of the Time Factor

An important aspect of taking burglary reports is attempting to determine when the offense took place.

1. Typically, burglaries are reported from several hours to a number of days after they are committed.

2. Late reporting is largely attributable to the circumstances of businesses closed for the weekend and homeowners away for short trips or extended vacations.

V. SAFE BURGLARIES (See Slides 13-9, 13-10, 13-11 and 13-12)

A. Types of Safes

Safes can be divided into two distinct classes:

1. The fire resistant safe.

2. The money chest, which is intended to be burglar resistant.

B. Attack Methods for Safes

The methods covered in this section include the punch, pulling, the peel, the rip, blasting, drilling, burning, manipulation, the pry, and the carry-off.

C. Safe Evidence

The scenes of safe burglaries are usually rich with physical evidence. Broken parts of screwdrivers, pry bars, drill bits, and other equipment offer the possibility of making a fracture match with the remaining portion in the suspects’ possession.

VI. RESIDENTIAL BURGLARY (See Slides 13-13, 13-14 and 13-15)

A. Earlier in this chapter this chapter it was noted that residential burglaries were primarily committed during the day, with the front door being the point of attack.

1. Black homeowners are victimized at a higher rate than any other group.

2. The younger the head of a household is, the more likely that the residence will be burglarized.

3. The losses associated with residential burglaries are not intrinsically significant.

VII. INVESTIGATING CRIMINAL FENCES AND OTHER OUTLETS FOR STOLEN PROPERTY (See Slides 13-16, 13-17, 13-18 and 13-19)

A. Criminal "fences" or "receivers" are persons who knowingly purchase stolen property at a fraction of its cost and then resell it at a considerable profit, but still at a "really good deal" price to the consumer.

B. There are numerous types of fences.

1. Amateurs.

2. Store owners and individuals who often only but the goods for which they have placed an order with the thief.

3. Professionals.

4. Occasional or opportunistic fences.

5. Providers of illicit goods and services.

6. Technology proficient thieves and fences who do their business on the internet.

D. From a policy view, the police know that the more that receiver markets can be disrupted or eliminated, the greater the likelihood that there will be some reduction in burglary and other offenses whose profits depend on the availability of these illicit markets.

E. Police "sting" operations are an effective means of combating fences, identifying active criminals, penetrating criminal organizations, and recovering property.

VIII. STAGED BURGLARIES

A. A simulated or staged crime scene is one that an offender has contrived or altered to mislead investigative efforts.

B. Staging a crime necessarily involves adding, moving, or removing evidence from a crime scene with the hope that the criminal investigator will not uncover the truth of events.

C. Research on staged crimes has been limited; however a study published in 2000 on this subject found that:

1. Crime scenes were most commonly staged to conceal homicides or homicide related activity.

2. Burglary was staged in 52% of the cases investigated.

3. The most commonly altered element at staged crime scenes was a window left open or purposefully damaged (48%).

4. An astonishing 20% of the cases studied involved a current or former law enforcement officer as the actual perpetrator.

IX. THE INVESTIGATOR’S CRIME PREVENTION ROLE (See Slides 13-20 and 13-21)

A. Reducing the Risk of Residential Burglary

While at the scene of a burglary, investigators should tell those victimized the precautions they can take to decrease the likelihood of their being "hit" again.

B. Reducing the Risk of Commercial Burglary

Many of the suggestions for preventing residential burglaries also apply to businesses.

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