At least he didn't ask for their underwear.........
This is a discussion on Glad to hear the police are concerned within the Off Topic & Humor Discussion forums, part of the The Back Porch category; About the criminals!! Liquor store owner told to stop taking shoplifters' shoes :: WRAL.com Liquor store owner told to stop taking shoplifters' shoes Posted: May. ...
About the criminals!!
Liquor store owner told to stop taking shoplifters' shoes :: WRAL.com
Liquor store owner told to stop taking shoplifters' shoes
Posted: May. 27 3:17 p.m.
DURANGO, Colo. — Police are telling a Durango liquor store owner to give shoplifters the boot - literally.
Tired of losing what he says was about $1,000 worth of merchandise a month in thefts, Gabe Fidanque started telling shoplifters he caught that they had two choices: Give him one of their shoes or he'd call the police.
A handful gave up a shoe. But Durango police told Fidanque on Friday to stop the practice or risk facing charges of felony robbery.
Shoplifting, in contrast, is a misdemeanor.
"I would suggest that he find a different option that doesn't involve giving up property," said police Capt. Micki Browning. "What's the difference between him saying, 'Give me $20 and I won't call the police' or 'Give me your shoe?'"
Fidanque was ordered to return the shoes to their owners - if he can find them.
He reluctantly agreed. But he stands by his gumshoe work, which he started, he said, because people he turned in to police would return hours after being arrested.
"That's the whole point of it. They're too humiliated to come back and ask for their shoe, and that also means they won't steal again," Fidanque said. "But it's not worth jeopardizing my business."
"If you can't place your shots on a non-moving piece of paper, how much more difficult will it be when that piece of paper becomes a 3-time felon whose sole purpose is to avoid going back to prison no matter what happens and no matter who gets in the way?"
Taken from a posting by "Deadmeat 2"
At least he didn't ask for their underwear.........
Blessed be the Lord my strength, which teacheth my hands to war, and my fingers to fight.
Senior Instructor for Tactical and Defensive of Texas
I wonder if he displays them like some country stores do with bounced checks, I've seen them on the counter under the glass. If the people want them to be removed, they have to pay for the value of the check and the penalties.
I see the Police view, it makes sense, but then I can't blame the store owner either, his intension's seem genuine.
"fundamental principle of American law that a government and its agents are under no general duty to provide public services, such as police protection, to any individual citizen." [Warren v. District of Columbia,(D.C. Ct. of Ap., 1981)]
If I have to explain it, you wouldn't understand
How is that felony robbery? He didn't take their shoes, they gave them to him. In return he didn't call the police.But Durango police told Fidanque on Friday to stop the practice or risk facing charges of felony robbery.
Something to that affect?
Would it not be legal to allow someone to change their mind and rather than taking something, give something in stead?
What I don't understand is how this is different from settling a lawsuit out of court. Would it be legal if he filed suit and "settled" for their shoe?
Magazine <> clip - know the difference
martyr is a fancy name for crappy fighter
You have never lived until you have almost died. For those that have fought for it, life has a special flavor the protected will never know
This may be what some are thinking of, but it no longer applies in most places:
Misprision of felony, under the common law of England, was the crime of failing to report knowledge of a felony to the appropriate authorities. Exceptions were made for close family members of the felon.
With the development of the modern law, this crime has been discarded in most jurisdictions (it was abolished in England & Wales in 1967), and is generally only applied against persons placed in a special position of authority or responsibility. For example, prison guards who stand idly by while drug trafficking occurs within the prison may be prosecuted for this crime.
Under the old common law hierarchy of crimes (as treasons, felonies and misdemeanours), misprision of treason was a felony and misprision of felony was a misdemeanour. (There was no such offence as misprision of a misdemeanour.)
Misprision of felony - Wikipedia, the free encyclopedia
I have the suspicious feeling that this man is within his rights, but IANAL nor am I familiar with the laws in his area. The simple fact that the "police" have asked him to stop doing something, does not make what he is doing illegal or give them any legal basis for a charge or conviction.
Personally, I like his approach and that is why I'm defending it (although hypothetically and almost in jest).
This is in the Texas Penal Code
§ 38.171. FAILURE TO REPORT FELONY. (a) A person
commits an offense if the person:
(1) observes the commission of a felony under
circumstances in which a reasonable person would believe that an
offense had been committed in which serious bodily injury or death
may have resulted; and
(2) fails to immediately report the commission of the
offense to a peace officer or law enforcement agency under
circumstances in which:
(A) a reasonable person would believe that the
commission of the offense had not been reported; and
(B) the person could immediately report the
commission of the offense without placing himself or herself in
danger of suffering serious bodily injury or death.
(b) An offense under this section is a Class A misdemeanor.
Yoda, I am, yes.