BlueSheepdog
10 Years Experience
Around the Way, FL
Male, 40
Cheating death and fighting communism: that is how a fellow officer once described our job. It was meant to be funny, but as time went on it seemed all too true.
I spent more than ten years in law enforcement, all of it on the street in uniform patrol. I've been a patrol officer, instructor, sergeant and lieutenant.
Do not report crimes here. Nothing here should be considered legal advice. All opinions are my own.
Yes.
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As I explained, it is a totality of the circumstances. Sometimes a single fact/observation can amount to RAS or PC. Other times, an officer may have to build a series of facts/observations to meet the legal burdens. I'm afraid you cannot present a general scenario and get a specific answer.
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It depends on the laws of the state, but generally attempting to commit a crime is punishable as if you completed the crime itself. Based on your scenario, the only reason why the item was not stolen was the clerk saw the theft taking place and the thief put the item back. The intent to commit a theft existed, and the thief took an action to commit the crime, so in many jurisdictions it would be a criminal act (attempted theft or something similar.)
Consider the guy who runs into the liquor store to rob it. As he begins to demand money, the store clerk pulls out a gun and the robber flees. The robber did not succeed in the crime, but intended to rob the clerk and took some action to commit the crime. Therefore, the attempted robbery could be prosecuted.
I hope that makes sense, and these things vary from state to state depending on the laws of each.
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If an investigation was conducted, it sounds like a lack of probable cause existed. Probable cause is a legal burden that a law enforcement agency must meet before arresting someone.
Just because a parent hits a child does not mean the child is being abused. Reasonable corporal punishment is legal in many cases.
Strangulation is not likely to be considered reasonable. If you witness violence, you should call the local law enforcement agency.
Even if the state was to remove him from the house, it is exceptionally unlikely he would be allowed to live with you.
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In a nutshell, the injured intruders would be transported to the hospital under police guard. When released, they would be arrested and transported to jail pending trial.
The homeowners would be interviewed on scene but not arrested or charged with any crime based on the facts provided.
If the intruders were killed, pretty much the same as above, but the deputies would be in the house a lot longer and the M.E. would respond and take custody of the corpses.
There are a lot of minute details that go into any investigation, especially major felony cases like this, but that is the quick and dirty.
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No idea what department it is, or what equipment they have in place. The agency may have recorded video, but it is impossible for me to know.
If this lieutenant works midnights and gets off at 7 am, the time is pretty reasonable for his/her schedule and doesn't suggest any nefarious activity.
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Detectives can participate in a warrant service, and frequently do.
A high risk warrant service is usually handled by a SWAT team, which can have detectives on the team. Once the scene is secure, non-SWAT officers/detectives will frequently be responsible for the securing and documenting of evidence.
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