Glad to hear the police are concerned

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. ...

Page 1 of 2 12 LastLast
Results 1 to 15 of 21

Thread: Glad to hear the police are concerned

  1. #1
    Member Array Timor's Avatar
    Join Date
    Jun 2006
    Location
    Near Raleigh, NC
    Posts
    45

    Glad to hear the police are concerned

    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"

  2. Remove Ads

  3. #2
    Distinguished Member Array Reborn's Avatar
    Join Date
    Feb 2008
    Location
    Rowlett, Texas
    Posts
    1,739
    At least he didn't ask for their underwear.........
    Psalms 144:1
    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
    http://www.tac-def-tx.com/
    CHL INSTRUCTOR
    Retired LEO
    NRA member
    TCHA member

  4. #3
    Distinguished Member Array 4my sons's Avatar
    Join Date
    Feb 2006
    Location
    Out side of Richmond, VA
    Posts
    1,637
    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

  5. #4
    VIP Member Array deadeye72's Avatar
    Join Date
    Feb 2008
    Location
    Central Mississippi
    Posts
    4,283
    But Durango police told Fidanque on Friday to stop the practice or risk facing charges of felony robbery.
    How is that felony robbery? He didn't take their shoes, they gave them to him. In return he didn't call the police.
    Glock 27
    BENELLI NOVA

  6. #5
    Senior Moderator
    Array pgrass101's Avatar
    Join Date
    Sep 2006
    Location
    Alabama
    Posts
    13,486
    Quote Originally Posted by deadeye72 View Post
    How is that felony robbery? He didn't take their shoes, they gave them to him. In return he didn't call the police.
    I don't know if that is felony robbery but it is Blackmail
    “You can sway a thousand men by appealing to their prejudices quicker than you can convince one man by logic.”

    ― Robert A. Heinlein,

  7. #6
    Ex Member Array TacticalCompact's Avatar
    Join Date
    Feb 2008
    Location
    Nevada
    Posts
    317
    Quote Originally Posted by pgrass101 View Post
    I don't know if that is felony robbery but it is Blackmail
    Is it? Maybe if he presented it differently, it could be legal. "I would like to charge you with shoplifting and call the police. However, I'm willing to let you slide with a warning this time, as it is my choice whether or not to charge you. If you would make a promise to me that you will never come here and do this again, and show your good faith by offering me one of your shoes, I will forgoe the charges and let you go with a friendly agreement."

    Something to that affect?

  8. #7
    Senior Member Array Rob P.'s Avatar
    Join Date
    Sep 2007
    Location
    In the sticks
    Posts
    631
    Quote Originally Posted by TacticalCompact View Post
    Is it? Maybe if he presented it differently, it could be legal. "I would like to charge you with shoplifting and call the police. However, I'm willing to let you slide with a warning this time, as it is my choice whether or not to charge you. If you would make a promise to me that you will never come here and do this again, and show your good faith by offering me one of your shoes, I will forgoe the charges and let you go with a friendly agreement."

    Something to that affect?
    If you see someone break the law, you have a legal obligation to turn them in. Demanding something from them in order to avoid turning them into the police is either blackmail or robbery/theft.

  9. #8
    VIP Member Array matiki's Avatar
    Join Date
    Dec 2007
    Location
    N.W.
    Posts
    2,917
    Quote Originally Posted by Rob P. View Post
    If you see someone break the law, you have a legal obligation to turn them in. Demanding something from them in order to avoid turning them into the police is either blackmail or robbery/theft.
    +1

    Blackmail, by definition, is a threat to turn someone in to the police unless the do something.

    In many places, blackmail is covered under theft/extortion related legislation.
    "Wise people learn when they can; fools learn when they must." - The Duke of Wellington

  10. #9
    Ex Member Array TacticalCompact's Avatar
    Join Date
    Feb 2008
    Location
    Nevada
    Posts
    317
    Quote Originally Posted by Rob P. View Post
    If you see someone break the law, you have a legal obligation to turn them in. Demanding something from them in order to avoid turning them into the police is either blackmail or robbery/theft.
    True, but if "breaking the law" means they were going to take something that was yours without paying for it, do you not have the right to allow them to do so? After all, it is your property. You have the right to allow it to be stolen if you so choose, do you not?

    Would it not be legal to allow someone to change their mind and rather than taking something, give something in stead?

  11. #10
    Senior Member Array dnowell's Avatar
    Join Date
    Aug 2007
    Location
    USA
    Posts
    587
    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?

  12. #11
    VIP Member Array SIGguy229's Avatar
    Join Date
    Mar 2006
    Location
    Kommie-fornia-stan
    Posts
    7,075
    Quote Originally Posted by Rob P. View Post
    If you see someone break the law, you have a legal obligation to turn them in.
    Really? Which law is that? So what is the penalty for not calling 911 if you see a crime happening?


    I understand one has a moral obligation to do so (and I would)...but a legal obligation? I do not think so.
    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

  13. #12
    VIP Member
    Array atctimmy's Avatar
    Join Date
    Jan 2008
    Location
    NSA Headquarters
    Posts
    6,408
    Quote Originally Posted by Rob P. View Post
    If you see someone break the law, you have a legal obligation to turn them in.
    Not true. There is no law in any state that I am aware of requiring you to report a crime.
    It is surely true that you can lead a horse to water but you can't make them drink. Nor can you make them grateful for your efforts.

  14. #13
    VIP Member
    Array falcon1's Avatar
    Join Date
    Jan 2006
    Location
    Tennessee
    Posts
    6,484
    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

  15. #14
    Ex Member Array TacticalCompact's Avatar
    Join Date
    Feb 2008
    Location
    Nevada
    Posts
    317
    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).

  16. #15
    Ex Member Array Yoda's Avatar
    Join Date
    Apr 2008
    Location
    East Texas
    Posts
    2,782
    This is in the Texas Penal Code

    § 38.171. FAILURE TO REPORT[0] FELONY[0]. (a) A person
    commits an offense if the person:
    (1) observes the commission of a felony[0] 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[0] 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[0] 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.

Page 1 of 2 12 LastLast

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Similar Threads

  1. Police concerned about change in concealed weapons law
    By John Luttrel in forum Concealed Carry Issues & Discussions
    Replies: 45
    Last Post: September 10th, 2009, 02:06 PM
  2. Concerned about my atire.
    By Adamcop84 in forum Concealed Carry Issues & Discussions
    Replies: 18
    Last Post: May 26th, 2009, 07:53 AM
  3. Anything to be concerned about
    By ctr in forum General Firearm Discussion
    Replies: 5
    Last Post: September 20th, 2008, 08:40 AM
  4. Concerned on width....
    By KYmxracer52 in forum Defensive Carry Guns
    Replies: 32
    Last Post: September 18th, 2007, 08:30 AM

Search tags for this page

gabe fidanque

,

penalty for not calling 911

Click on a term to search for related topics.