Shoplifting Does Not Become Burglary Merely By Remaining On Premises

Ordinary retail theft will not be elevated to a count of burglary merely by remaining on the premises, if the premises is still open to the public.

 

People v. Bradford, 2016 BL 90900, Ill., No. 118674, 3/24/16

     The Illinois Supreme Court ruled that a defendant who commits theft during regular business hours, remains only in areas open to the public, and leaves before the store closes, cannot be convicted of burglary merely for staying on the premises after the theft.

     The court ruled that a person commits 'burglary by remaining in the public place only where he exceeds his physical authority to be on the premises.' One 'who enters a building lawfully, shoplifts merchandise within areas which are open to the public, then leaves during business hours, is guilty of ordinary retail theft.'

http://www.bloomberglaw.com/public/desktop/document/People_v_Bradford_2016_IL_118674_Court_Opinion?1462392535

Cops Can't Use Dog on Suspect Who Ceased Fleeing

Police may be held liable for having a police dog attack a man after he had surrendered and put his hands in the air.

 

Alicea v. Thomas, 2016 BL 60723, 7th Cir., No. 15-1255, 3/1/16

     The Seventh Circuit Court of Appeals ruled that, if a jury believes that the man had surrendered, the police may be liable for siccing their dog on him. The court here clarifies that the police cannot assume that a surrendering suspect continues to pose a threat in order to justify using extreme force.

     The court added that "[t]he sole fact a suspect has resisted arrest before cannot justify disregarding his surrender in deciding whether and how to use force."

http://www.bloomberglaw.com/public/desktop/document/Alicea_v_Thomas_No_151255_2016_BL_60723_7th_Cir_Mar_01_2016_Court?1457716591

'All Passwords' Condition to Parole is Overbroad

A probation condition which requires a juvenile convicted of burglary to surrender every password used in his electronic devices, and to submit to warrantless searches of those devices, is overbroad.

 

People v. Ricardo P., 2015 BL 348208, Cal. Ct. App., No. A144149, 10/22/15

   A juvenile was sentenced to parole conditions requiring that he surrender all of the passwords for accounts in his electronic devices, and to submit to warrantless searches of those devices. The California Court of Appeal, First District, ruled that those conditions were not tailored narrowly enough to the purpose of rehabilitating the specific offender. The conditions did not minimize interference with his Constitutional rights to privacy, speech, and association.

    The court accepted that a condition for the search of an offender's electronics can be permitted so long as it is reasonably related to the goal of preventing future criminality, but that this condition as the court "interpreted it, does not limit the types of data on or accessible through his cell phone that may be searched in light of this purpose."

    The condition is overly broad because it "permits review of all sorts of private information that is highly unlikely to shed any light on whether Ricardo is complying with the other conditions of his probation, drug-related, or otherwise."

    The case was remanded to the juvenile court to tailor the conditions to fit the offender's situation given the criminal history.

    The court did also not completely write off this type of parole condition. The court recognized a sister appellate court's case about the surrender of all passwords in a case involving gang activity. In that case the 'all passwords' condition was acceptable because the offender had admitted to gang activity and there was evidence that he'd used social media to promote gang activity.

http://www.bloomberglaw.com/public/desktop/document/People_v_Ricardo_P_No_A144149_2015_BL_348208_Cal_App_1st_Dist_Oct?1448298181