May 28th, 2008 05:33 AM
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"
May 28th, 2008 07:03 AM
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
May 28th, 2008 09:48 AM
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
May 28th, 2008 10:04 AM
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.
May 28th, 2008 10:06 AM
I don't know if that is felony robbery but it is Blackmail
Originally Posted by deadeye72
“You can sway a thousand men by appealing to their prejudices quicker than you can convince one man by logic.”
― Robert A. Heinlein,
May 28th, 2008 01:45 PM
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."
Originally Posted by pgrass101
Something to that affect?
May 28th, 2008 06:11 PM
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.
Originally Posted by TacticalCompact
May 28th, 2008 06:16 PM
Originally Posted by Rob P.
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
May 28th, 2008 06:44 PM
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?
Originally Posted by Rob P.
Would it not be legal to allow someone to change their mind and rather than taking something, give something in stead?
May 28th, 2008 07:23 PM
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?
May 28th, 2008 08:14 PM
Really? Which law is that? So what is the penalty for not calling 911 if you see a crime happening?
Originally Posted by Rob P.
I understand one has a moral obligation to do so (and I would)...but a legal obligation? I do not think so.
- know the difference
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
May 28th, 2008 10:05 PM
Not true. There is no law in any state that I am aware of requiring you to report a crime.
Originally Posted by Rob P.
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.
May 29th, 2008 12:14 PM
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
May 29th, 2008 01:12 PM
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).
May 29th, 2008 02:45 PM
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.
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