Articles Posted in Theft Crimes

A little over one month after its release the Pokémon Go craze is still in full effect across America. The interactive smartphone game app recently surpassed 100 million downloads since early July, and now the average smartphone user spends more time playing the game per day than they do browsing Facebook, Twitter and Instagram. The app generates over $10 million per day in revenue for Apple, Google the developers, and has been praised for motivating players to take to the streets and be active. The app has also generated its fair share of criticism though for distracting drivers hunting for Pokémon while in the car, and causing pedestrians to be so engaged in the game that they disregard their surroundings and injure themselves. In addition, the game has encouraged computer hackers to develop fake versions containing viruses and malware that can affect Android phones. But perhaps the most concerning consequence of the game’s popularity is that it has turned users into potential victims of theft and robbery.

Last week the University of Maryland Police arrested a young man suspected of robbing three college students within an hour while they were playing Pokémon Go on campus. The man allegedly used a feature in the game that locates other players using the phone’s GPS. Police released video surveillance of the suspected robber and he was apprehended about two weeks later. The suspect’s home was searched after his arrest and detectives confiscated evidence, which supported charges including four counts of armed robbery and other counts of theft and first and second-degree assault. The 22 year-old defendant is scheduled for a preliminary hearing later this month at the Prince George’s County District Court in Upper Marlboro, and his defense will be tougher given the fact that he is not a first time offender; he was convicted of theft in Allegany County a little over three years ago. Although none of the victims were injured and it does not appear that a firearm was used in the alleged robberies, the Pokémon robber still faces a battle to avoid a lengthy prison sentence.

While these Pokémon robberies in College Park appear to be isolated incidents carried out by one individual, they are not the first and probably won’t be the last around the country. Four men were recently arrested in Missouri for robbing Pokémon Go players at gunpoint, and other similar thefts have been reported in Texas and California. Although the game has created a criminal opportunity for thieves and robbers, smartphones in general have long created opportunity for robbers who tend to pray on those who seem too engulfed in their phone to be aware of their surroundings. The message from law enforcement is not to stop playing the game, but rather to look around and be aware, especially while walking around at night. The Blog will continue to follow this Prince George’s County case, and other crimes involving Pokémon Go. We may post a follow up article in the future so stay tuned.

The Baltimore County Police have reported the arrest of two men in connection with a string of package thefts in a single family home development in Pikesville. Residents in the area of Smith Avenue and Greenspring Avenue have been noticing missing packages for the last couple of weeks, but many never suspected wrongdoing. Some residents even took notice of a suspicious vehicle driving slowly through the new construction development, but did not make the connection to missing packages.  Eventually the area residents and the county police caught wind of the ongoing conspiracy and went on high alert, and their vigilance paid off. Two suspicious men in reflective vests were reportedly seen removing packages from the front porches of houses, and then leaving in a dark colored SUV. Information about the dark SUV spread quickly, and when the men returned a neighbor followed them to get a closer look at the license plates. Armed with the license plate information it was only a matter of time before county police found and arrested their suspects.

The two suspects were charged with seven counts of fourth degree burglary and seven counts of theft less than $1,000. The 25-year old defendant was released on a $25,000 bail, while the 47-year old defendant is still being held on a $20,000 bail. Each count of burglary likely matches up with a corresponding theft count to represent one act, so it appears that there were seven individual crimes. Under state law a defendant can be convicted of burglary and theft at the same time for one criminal act. Theft less than $1,000 is a misdemeanor with an 18-month maximum sentence while 4^th degree burglary under section 6-205 is a misdemeanor with a 3-year maximum jail sentence. Fourth degree burglary is the catchall burglary charge in Maryland, which means there are wide ranges of factual scenarios that fall under the statute. It includes breaking and entering a house or any type of building, and also entering the property of another with the intent to commit a theft. Unfortunately for the two suspects, property of another includes the yard, garden and porch.

If the facts of the these package thefts turn out as they were reported by police then prosecutors will have little trouble proving the burglary charges. Some of the theft charges may have to be reduced to less than $100, especially considering one alleged victim reported that all that was taken from her was a box of coffee. But with a total of seven different incidents to choose from it seems like these defendants are headed toward a plea, as the state basically has seven shots at a conviction. As with any burglary case though, identity is always the key issue. The best way for a lawyer to defend the case at trial would be to challenge the state’s ability to prove who actually took the packages. There is little chance that any of the alleged victims know the defendants personally, and they were not caught in the act. The state’s case would then come down to in-court identifications plus any circumstantial evidence that police have gathered. The Blog will follow these cases, and may post an article about their resolution in the future.

The Baltimore Police Department is warning motorists of the rising threat of armed carjackings presently occurring throughout the city. These incidents have taken place in record numbers in areas such as Homewood near John’s Hopkins and in the Brooklyn and Cherry Hill areas of south Baltimore. Most of the cases appear to be carried out by two or more individuals who initiate a minor fender bender on city streets. As the unsuspecting driver exits his or her car, one of the individuals from the accident-initiating car exits and confronts the driver. Many times the co-conspirators have used physical force to neutralize the driver before stealing his or her vehicle. Other times the robbers have used the threat of force such as brandishing a weapon to prevent the driver from resisting. Either way these incidents have caught the eye of city police officers, and have prompted the department to issue media warnings to motorists.

Police spokesmen have advised anyone involved in a minor traffic accident to stay in their vehicle with the doors locks and to call 911 immediately. The main message from police is that personal safety is far more important than properly exchanging insurance information for a claim. If handled correctly the thieves likely will either abort their criminal plan or flee the scene. Through the first four months of 2016 city law enforcement has documented 110 carjacking robberies compared to 75 during the first four months of last year. Standard automobile thefts are also up almost 20 percent so far this year, with 1,359 being reported as of April 30. The use of any type of physical force during the act of stealing a car will trigger charges for carjacking, which is a serious violent felony that carries a 30-year maximum jail sentence under section 3-405 of the Maryland Code. If a firearm is used the defendant faces an additional mandatory 5-year sentence. Just as in any robbery case, even the threat of force is enough to trigger a felony charge over a standard theft charge. This is true regardless of whether the culprit has the ability to actually carry out the threat, as all that matters is whether the victim reasonably believed the robber could follow through.

Advancements in anti theft technology in most new cars have resulted in a steady trend of decreasing automobile theft cases. In 2003 there were over 8,000 incidents, but in the last few years this number has been between 4,000 and 5,000. It appears that this year the number of car thefts will break 5,000 though, so hopefully this does not signal a shift in the recent trend. Motor vehicle theft falls under 7-105 of the Maryland Code, and is a felony with a 5-year maximum penalty.

A 27-year old man from Linthicum has been charged with first degree assault, robbery, and theft after stealing tip jar money from a Glen Burnie restaurant, and the problems for the defendant go way beyond this recent arrest. Ann Arundel police responded to the restaurant around 8 p.m., and after obtaining a physical description of the suspect they began to canvass the area. It didn’t take long before he was located on Ritchie Highway, not far from the scene of the alleged crime. Officers detained the man and took him back to the restaurant where employees made a positive identification. While taking cash from a tip jar is more akin to shoplifting than robbery, the charges do appear to be legally justified not because of the man’s actions, but rather because of his words.

Chances are high that one or more of the charges will be dropped when the case goes to court, though the alleged facts did rise to the level of a robbery and perhaps a first degree assault. As the defendant took the cash he told an employee that if the police were called he would take out his gun and use it. Had he remained silent while looting the jar, the only justifiable charge would have been theft. And based on the fact that there was less than $100 taken it would have been a petty theft with a 90-day maximum jail sentence. But a robbery, generally defined as a theft with force, occurred the second he mentioned the gun. Under Maryland law a verbal threat to cause harm is legally the same as actually causing physical harm with respect to robbery. While a robber who physically hurt someone during his or her crime would in theory face a harsher sentence from the judge, physical harm is irrelevant at the trial stage. It is also irrelevant whether the defendant actually possessed a gun and could carry out the threat, as the issue is whether the victim reasonably felt in danger. The suspect probably never had a gun based on the fact that he was not not arrested with any type of firearm and was not charged with armed robbery.

This robbery arrest is hardly the extent of the defendant’s legal issues because it turns out that he was recently released from jail after serving nearly six months for a sexual offense. Upon his release from the Anne Arundel County detention center the defendant was placed on supervised probation, and faces a lengthy prison sentence should he be found to have violated his probation. The arrest is enough to initiate the violation of probation process, but he can’t be punished unless the state proves that he committed the offense at trial or after a plea. While the state will likely be asking for major prison time if a violation is proven, a reasonable judge should factor in that the defendant never had a gun, and was probably penniless and perhaps even homeless after just getting out of jail.  On the other hand, theft while mentioning the use of a firearm is not something that even the most lenient judge will take lightly.