Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Burglary Chapter 9

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Overview Current State of Burglary Current State of Burglary Offender Characteristics Offender Characteristics Burglary Types Burglary Types Methods of Operation Methods of Operation Investigative Procedures Investigative Procedures Study Findings Study Findings Strategies to Combat Burglary Strategies to Combat Burglary Review Questions Review Questions Opportunity for Student Questions Opportunity for Student Questions

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Learning Objectives Understand the legal meaning of the term burglary Understand the legal meaning of the term burglary Explain burglary in regard to frequency, time, and place of occurrence Explain burglary in regard to frequency, time, and place of occurrence Define the three major categories of burglary Define the three major categories of burglary Identify suspect methods of operation Identify suspect methods of operation Define the various types of safe burglaries Define the various types of safe burglaries List burglary offender characteristics List burglary offender characteristics Understand the three major investigative areas involving burglary Understand the three major investigative areas involving burglary Determine the importance of recent burglary research findings Determine the importance of recent burglary research findings Define the four major strategies for the reduction of burglary Define the four major strategies for the reduction of burglary Understand areas of forensic science that directly apply to the burglary investigation Understand areas of forensic science that directly apply to the burglary investigation

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ The Modern Definition of Burglary Any person who without authority knowingly enters a building or structure with the intent to commit a felony or theft Any person who without authority knowingly enters a building or structure with the intent to commit a felony or theft

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Burglary Requires a Trespass Burglary does not require a theft Burglary does not require a theft It can be charged when the suspect has not taken any property It can be charged when the suspect has not taken any property The second essential element is that there be an intent to commit a felony or a theft The second essential element is that there be an intent to commit a felony or a theft –Often the burglar has the intent to steal –The statute is also violated when felonies like robbery and rape are intended or completed

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ The Current State of Burglary–UCR Report 2 million burglaries per year are reported 2 million burglaries per year are reported 5 million burglaries per year are committed 5 million burglaries per year are committed –62% of burglaries involve forcible entry –31% involved no force –7% were unsuccessful entries In recent years, the burglary rate has dropped 21% from 1994 ̶ 2004 In recent years, the burglary rate has dropped 21% from 1994 ̶ 2004

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Three Factors Responsible for the Decline in Burglaries Drug addicts have switched from burglaries to robberies Drug addicts have switched from burglaries to robberies There is an increase in home-security devices as well as traditional prevention methods There is an increase in home-security devices as well as traditional prevention methods A great number of career burglars have been apprehended and imprisoned for long sentences A great number of career burglars have been apprehended and imprisoned for long sentences

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ More Burglary Facts Burglary is always a felony Burglary is always a felony Burglary constitutes Burglary constitutes –18% of all major felony crime in the U.S. –21% of all property crime A burglary is committed in the U.S. every 15 seconds A burglary is committed in the U.S. every 15 seconds Police clear by arrest 14% of all reported burglaries Police clear by arrest 14% of all reported burglaries One person in a hundred will become a victim of burglary One person in a hundred will become a victim of burglary The average burglary loss is $1600 The average burglary loss is $1600 Burglary suspects can be dangerous; nearly 1 in 3 victims who encounter home burglars are attacked Burglary suspects can be dangerous; nearly 1 in 3 victims who encounter home burglars are attacked

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ The Typical Burglary Occurs… In a residence (66%) In a residence (66%) In the daytime In the daytime During the summer months During the summer months Why? Why? –Ease of entry Most residences are not hardened Most residences are not hardened Locks are not a deterrent for a motivated burglar Locks are not a deterrent for a motivated burglar –Lack of detection People are at work during the day and are home at night and burglars do not want confrontations People are at work during the day and are home at night and burglars do not want confrontations Most homes don’t have alarm systems while many businesses do Most homes don’t have alarm systems while many businesses do

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Typical Offender Characteristics White male White male Under the age of 25 Under the age of 25 –17% of arrested burglary suspects from all types of geographic areas are under the age of 18 –The highest degree of juvenile burglars are found in small cities under 10,000, accounting for 25% of all burglary arrests Lives in a metropolitan area Lives in a metropolitan area

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ The Youthful Offender– Factors Leading to Crime Considerable free time Considerable free time Increasing lack of family structure Increasing lack of family structure Burglary may be a “beginning” offense Burglary may be a “beginning” offense Socio-economic status Socio-economic status

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ The Three Burglary Types Residential Residential Business Business General Dwelling General Dwelling

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Residential Burglary Two of every three burglaries are residential Two of every three burglaries are residential These involve places of habitation for one or more people These involve places of habitation for one or more people –Apartments –Homes –Mobile homes –Other dwellings The entry into homes is relatively easy The entry into homes is relatively easy –One study found that 40% of residential burglaries involved entrance through open doors or windows –Locks are inadequate –Landscaping actually can contribute to obscure the burglar’s activities

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Business or Commercial Burglary These targets include any type of business or retail establishment These targets include any type of business or retail establishment Typically involve: Typically involve: –Persons with higher skill levels Older Older More experienced More experienced These crimes occur during hours of darkness These crimes occur during hours of darkness Entry frequently requires special tools Entry frequently requires special tools Alarms can exist and need to be neutralized Alarms can exist and need to be neutralized Safes often are present to protect money and goods Safes often are present to protect money and goods

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ General Dwelling Burglaries Not as common but occur in: Not as common but occur in: –Private and medical offices –Schools –Government buildings –Veterinary practices The motivation often involves what these locations house such as: The motivation often involves what these locations house such as: –Drugs and narcotics –Business equipment and computers The offenders often visit the target purposefully prior to the burglary The offenders often visit the target purposefully prior to the burglary –Posing as someone innocuous (“I need some boxes for moving.”) –Looking for cameras and alarms –Casing for the target

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Methods of Operation Method of operation Method of operation –Modus operandi (Latin) –The behavior of the burglar can be quite standardized (because it works) MO includes the method of: MO includes the method of: –Pre-entry visits (casing) –Entry Location (back door, through the roof, etc.) Location (back door, through the roof, etc.) Tools used (pry bar, hammer, lock picks, etc.) Tools used (pry bar, hammer, lock picks, etc.) Time of attack Time of attack –Search –Object of attack Jewelry Jewelry Drugs (illegal narcotics, pharmaceutical cocaine or other drugs, etc.) Drugs (illegal narcotics, pharmaceutical cocaine or other drugs, etc.) Money (safes, cash, checks, etc.) Money (safes, cash, checks, etc.) Guns Guns –Exit

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Residential Methods Entry chosen with regard to three factors Entry chosen with regard to three factors –Public visibility –Degree of resistance –Time necessary to gain entry The search is commonly known as the prowl and the burglar is looking for The search is commonly known as the prowl and the burglar is looking for –Guns –Jewelry –Cash Exit or point of exit is the least significant MO factor but physical evidence may be found there Exit or point of exit is the least significant MO factor but physical evidence may be found there

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Business and General ̶ Dwelling Methods Entry many times requires tools due to the hardening of the target Entry many times requires tools due to the hardening of the target –Windows and skylights are common areas of entry –Alarms may be present and are a decision factor to attempt entry Search is usually quite quick since planning has taken place Search is usually quite quick since planning has taken place –The safe is commonly the object of attack –There are different methods to gain access to a safe depending upon the: Size of the safe Size of the safe Skill of the burglar Skill of the burglar Degree of preplanning involved Degree of preplanning involved Exit is commonly through the entry point to avoid alarms Exit is commonly through the entry point to avoid alarms

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Safe Attack Methods Rip attack or peel job Rip attack or peel job Punch attack Punch attack Burning torch Burning torch Explosives Explosives NOTE: Safe insulation will likely be on the suspect’s clothing so it should be collected at the scene for comparison later

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Investigative Procedures: Three Broad Areas The Crime Scene The Crime Scene Official Records Official Records Property Recovery Property Recovery

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ The Crime Scene The burglary crime scene yields much physical evidence The burglary crime scene yields much physical evidence –Force is used to gain entry (tool marks, fingerprints, glass, wood fragments, blood, fibers, footprints, etc.) –Numerous items are handled –Vehicles are used The investigator must reconstruct the actions of the suspect The investigator must reconstruct the actions of the suspect

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Questions That Need Answers What has been handled? What has been handled? Have these items been disturbed by others? Have these items been disturbed by others? What method of search did the burglar use? What method of search did the burglar use? Why that particular method? Why that particular method? What items are missing? What items are missing? When did the burglary happen? When did the burglary happen? Who knew that the items were at the scene? Who knew that the items were at the scene? What is the value of the items taken? What is the value of the items taken? Did anyone have a particular motive other than monetary to commit the burglary? Did anyone have a particular motive other than monetary to commit the burglary?

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Shoe Impression Evidence Step Two: Obtain the suspect’s shoe for comparison Step One: Obtain the cast Step Three: Conduct the comparison and prepare court chart

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ False Reports? Staged burglaries occur occasionally Staged burglaries occur occasionally Investigators must be aware of the possibility but must not appear suspicious when investigating Investigators must be aware of the possibility but must not appear suspicious when investigating Insurance fraud is a common motive Insurance fraud is a common motive Other motives include: Other motives include: –Covering losses from gambling or drugs –Money issues resulting from failing business

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Conducting a Neighborhood Canvas A check of the houses and businesses in the immediate area is essential A check of the houses and businesses in the immediate area is essential The purpose of the canvas is to: The purpose of the canvas is to: –Locate witnesses –Identify the suspect(s) Ask the following questions: Ask the following questions: –Who was home at the time of the incident? –Did anyone see or hear anything? –Did anyone see any strangers? –Did anyone see any vehicles at or near the scene? –Do you know of anything that might be pertinent to the case? Divorce? Problem children? Money problems?

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Official Records– Looking for Leads MO Files MO Files Review other burglary reports Review other burglary reports If known, the suspect’s criminal history can be checked through local, state, and federal data bases If known, the suspect’s criminal history can be checked through local, state, and federal data bases Informant files can be very helpful to solve an otherwise unsolvable burglary Informant files can be very helpful to solve an otherwise unsolvable burglary

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ The Four Points of Burglary Vulnerability: Mistakes that can Identify the Suspect! 1. Actions during the entry Leaving tool marks, blood, or fingerprints Leaving tool marks, blood, or fingerprints Making noise that gets someone’s attention Making noise that gets someone’s attention Setting off an alarm or activating a camera Setting off an alarm or activating a camera Taking some evidence of the breaking such as glass fragments or other debris (transfer theory) Taking some evidence of the breaking such as glass fragments or other debris (transfer theory) 2. Actions during the suspect’s search of the property Dropping something Dropping something Using the bathroom Using the bathroom Setting off motion detectors Setting off motion detectors Not ransacking (indicates prior knowledge of the object of attack) Not ransacking (indicates prior knowledge of the object of attack) 3. Actions during the exit 4. Disposal of stolen property Using a fence that is not reliable Using a fence that is not reliable Using the internet to sell valuables Using the internet to sell valuables Throwing away traceable objects with fingerprints Throwing away traceable objects with fingerprints

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Property Recovery and Fencing The disposal of stolen property often has the highest level of probability for enabling investigative success The disposal of stolen property often has the highest level of probability for enabling investigative success When property is stolen, three possibilities exist When property is stolen, three possibilities exist –Property is destroyed –Property is sold Fences (buy for 20% of the real value) Fences (buy for 20% of the real value) In one city, 95% of all stolen goods are handled by 400 large-scale fences In one city, 95% of all stolen goods are handled by 400 large-scale fences –Property is kept for personal use

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Property Recovery Property recovery depends on initial detailed description of the stolen property (see below for a sample) Property recovery depends on initial detailed description of the stolen property (see below for a sample) All items with serial numbers should be entered into NCIC All items with serial numbers should be entered into NCIC Property Description Example_________________ Property Description Example_________________ Name of itemShotgun Narrative description 12 gauge, slide action, wood stock BrandRemington Model 870/22 inch barrel Serial numberR ColorMatt Black barrel and receiver, medium brown wooden stock Value$450 Unique marks/blemishes/otherNew condition, was stored in a brown vinyl gun case

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Police Strategies Against Fencing Anti-fencing operations have four goals Anti-fencing operations have four goals –Identify and close active fencing operations –Initiate criminal prosecution –Deter burglary and theft –Develop and maintain fencing intelligence information Sting operations have been created to buy stolen goods, arresting the thieves Sting operations have been created to buy stolen goods, arresting the thieves ROPTIDE operation (Washington D.C.), investigators posing as sellers of: ROPTIDE operation (Washington D.C.), investigators posing as sellers of: –Construction site items –Business and home items –Autos and other vehicles ROPTIDE has produced 276 arrests and the recovery of $8 million in stolen property ROPTIDE has produced 276 arrests and the recovery of $8 million in stolen property

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Study Findings 6% of burglarized buildings had alarms 6% of burglarized buildings had alarms 40% of those alarms failed to function 40% of those alarms failed to function Burglary losses were found to be of moderate value and included goods easily converted into cash Burglary losses were found to be of moderate value and included goods easily converted into cash Residential burglaries occurred predominately during the week and in the daytime Residential burglaries occurred predominately during the week and in the daytime Most burglaries involved some degree of forcible entry that was more likely to be associated with nonresidential burglaries Most burglaries involved some degree of forcible entry that was more likely to be associated with nonresidential burglaries With the exception of alarm systems, various types of deterrence bore little relationship to the prevention of burglary With the exception of alarm systems, various types of deterrence bore little relationship to the prevention of burglary

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Strategies to Combat Burglary Make structures physically more secure Make structures physically more secure Increase detective and patrol effectiveness Increase detective and patrol effectiveness Identify stolen property and those who sell it Identify stolen property and those who sell it Increase citizen awareness Increase citizen awareness

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Review Questions 1. What is the percentage of burglaries that are cleared by arrest? 2. Why is the number so low? 3. Describe the different types of burglaries. 4. How common is burglary in the U.S.? 5. Can burglars be dangerous? 6. What are the three broad investigative areas of burglary? 7. What type of evidence is found at a burglary scene? 8. Describe an item in detail that a burglar might want to steal? What questions should the police ask? 9. What is a fence? 10. When property is stolen, what are the three possible outcomes for the property?

Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Student Questions