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Do the police have the legal right to refuse to arrest someone who's commited a crime?
For example, I reported a theft awhile back. First the police told me it was a civil issue. (They've been playing that card a lot around here. Even regarding stolen cars.) So I did some research. Checked legal sites, looked up the relevant RCWs (Revise Code of Washington), and sought legal advice. In my case not only was the theft a crime, but because the items totaled more than $750 it was a felony. I confronted the police with the information I'd gathered, at which point they changed their tune from saying it was a civil issue to that they just didn't care. They had no intention of doing anything about it. I'm wondering if there's a law that requires police to take police action? And if so, how do I go about getting it enforced?
Not that it has to do with my question but since someone brought it up. Borrowing property and then deciding not to return it is indeed theft.
"What if I borrow property and then change my mind and decide not to return the property to the owner, can I be charged with a theft crime?"
"A key element of any larceny or theft crime is what an offender intends to do with the property after taking it. Typically, an offender is guilty of a theft crime when he takes the property of another with intention of of permanently depriving him of it. Deciding later to keep the property an offender originally intended to use temporarily and then return becomes a larceny or theft crime at the moment the offender's intent changes. The perfect example of this is a rental car you decide not to return. A lawful rental becomes a larceny or theft crime the moment you fail to return it on time with the intention of keeping it."
I'd like my question answered, not second guessed wit
Borrowing property and refusing to return it with the intent of keeping it is theft. The quote above was from a PROSECUTING ATTORNEY, so let's keep the answers related to the question. The question is about the freedoms and limitations of police discretion. NOTHING MORE.
And to the guy claiming to be an ex deputy, nothing about what I've said is unclear or false. If you can't follow it you never should've been a deputy to begin with.
To the other cop that posted, most of your answer was useful. You did however neglect to take into what the quote said. Borrowing with the INTENT of not returning is theft. If the car in your example is broke down there is no crime. That driver has to specifically intend to not return the vehicle. Either way though, thanks for your answer as it was useful.
*sigh* Seriously still focusing on the wrong details. I witnessed who stole my property as did several others who've written statements. ...Not that it's relevant. Enough of the code of blue cops do no wrong crap. Of course cops don't wanna tell how to hold fellow cops accountable. And my petpeeve by the way? Cops who don't do the job they're payed for. Anyone who's posted opinions about the situation rather than answers to the question, is only after serving their own personal or political agenda. They have forums for that so let's stick to answers here. Relevant answers.
There was one off topic answer that was useful though. To the guy that said sue first, thanks. That advice will actually prove immensely helpful to my situation.
11 Answers
- charlsyehLv 79 years agoFavorite Answer
anyone can be arrested for anything.in order to arrest someone they have to have proof. just because you say they did something is not proof.why don't you just borrow and then refuse to return it.you will be going to jail for felony theft.you said you would just borrow from him. hoW could you borrow if it was yours.your story is all over the place and makes one question if it is made up.
----------------retired texas deputy sheriff-----------------
- KeepOnLovingLv 79 years ago
It would seem like a civil issue still. The judge would have to find the party guilty, then criminal charges could be applied if they are found guilty. First off, it is a civil case as the person before me said. You loaned the property. They didn't acquire it illegally (or even selling something illegally). I've seen People's Court & the likes. Loaning stuff & owing someone money (as long as it wasn't illegal activity -selling or acquiring something illegal- to begin with) needs to go to court first. Then if found guilty, it's a felony charge over a certain amount opposed to a misdemeanor. Since the amount in question is greater, it wouldn't go to the small claims court but a higher one, correct? Talk to a supervisor or even a lawyer if there's corruptness going on. Just remember you live in that community & sadly these days, ppl have each others backs... if you can let it go, let it go. Also think about the ppl involved. If they are soo corrupt, what else would they do? =(
added: If the police KNOW a crime has been committed, it depends on the crime. Sometimes there's not enough evidence even when they know a crime has been committed because evidence is key. Sometimes ppl don't want to press charges, either. THere's also officer discretion. I have seen on Cops, depending on the type of domestic (a person before me brought up domestic) being called in & what occurred, lack of injury (possibly), etc., that there was no arrest(s).
added, again: okay, watch A Few Good Men ("Oh, I forgot, you were sick the day they taught law at law school. It doesn't matter what I think, it's what I can prove!") or even detective files on Sat nights on Headline News "Body of Evidence (EVIDENCE) with Dayle Hinman"... doesn't matter witness accounts... they have to work with something called EVIDENCE... or even Pet Detective w/Jim Carey, the one female detective says that cops have to deal with a little thing called "evidence." Witnesses say things all the time, witnesses get things wrong, & there are false witnesses & schemers. Soo, evidence, or the lack of, no case to really work with. Cops pick & choose. You need to do as you are told & take it to court if you cannot let it go. Sorry for your trouble if you were truly wronged. My sympathies to you & I wish you all the best for justice.
You have a right to refuse searches. You can say, "I don't consent to searches." ~in response to the other responder that said cops have a right to searches. A lot of stuff posted on here by so-called cops (that you cannot verify are really who they say they are) are flat out wrong & made up! Period. If rogue cops want to be terrorists these days, all I gotta say is "live by the sword, die by the sword." or what goes around comes around.... paybacks are a you know what...
- polizeitaucherLv 69 years ago
The short answer to your question is no, there is no legal requirement for the police to arrest someone who has committed a crime....with one exception- Domestic violence. In domestic violence statutes it specifically states the officer SHALL arrest. The rest of crimes have no such caveat, in fact, the law allows officer discretion. The reason being, that in some cases arresting someone just isn't the best solution to the problem. In drug cases for example the officers can not make an arrest for information leading to a "bigger fish". Borrowing property and not returning it is not necessarily theft criminally speaking, it can be considered a breach of contract issue which is not criminal. It often depends on the terms, or lack thereof, in the agreement. When is the "moment" someone intends to keep a rental car...no one knows....maybe they are broken down in the middle of no where with no cell service....I digress.
If you are not satisfied with the police departments answer, I would first start by talking to a supervisor. If that doesn't satisfy your needs I would then present your case to the district attorney. They are the entity that actually "presses charges" and can explain the legal issues in greater detail.
Source(s): 12 years police - How do you think about the answers? You can sign in to vote the answer.
- StarlordLv 79 years ago
This was one of my pet peeves when I was on the job. I would be taking a report and someone would name someone as the person they thought did it. I would ask if there was any evidence that Joe Blow committed the crime , and they would say, no, but everyone knows he is a thief I would have to tell them I could not take what 'everyone knew' to court, I needed evidence, proof. Often, they then made some kind of comment about not doing my job. People either believe police can do far more than the do, or they believe that cops can't do something, like search their vehicle.
Source(s): Fprmer deputy sheriff/corporal - 9 years ago
No because in many cases the person didn't see who did the crime. They just say it must of been some one they think did it. This is a case and thinking of it, how many victims know their criminals. When you say you just know the criminal that stole your car it's a dismissed case that only means a police officer puts some one through the system for a alleged victim. They some times have to pick their battles. many of times a cop chances some one, jumps a few walls and finds a bag of drugs and the court lets the person go and blames the cop for chancing people walking down the street. Chancing some one for walking down the street become worst than having a bag of drugs. Case dismissed.
- Anonymous5 years ago
It's an interesting question
- Who aren't you?Lv 79 years ago
If you loan someone something, it becomes a civil issue, as they have to unlawfully acquire it for it to be theft. You can't just say "give it back or else i'm saying you stole it."
- Anonymous9 years ago
yes.