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Locating the Suspect After Apartment Was Broken Into

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  • 04-18-2009, 08:47 PM
    Saturdayskids
    Locating the Suspect After Apartment Was Broken Into
    My question involves criminal law for the state of: PA.


    Last year my apartment was broken into, and 500 dollars worth of items were taken. I know who did it (or I'm 99 percent sure that I know who did it). They live in a different county than I do, now.

    One of the items taken was an Xbox360, with an ID number on it that I finally got just today. One year after the event had happened. I went to the police to get them to call the Microsoft offices with the number, but I don't think that he'll actually do it.. which leaves me here:



    Gamestop requires a subpoena in order to say if a customer who sold them a unit that was stolen.

    Would it be silly to get a subpoena for this case? I assume it costs money to issue one in the first place.


    On top of all of this, the person I'm entirely positive stole my items wants to be a Pittsburgh police officer. What all would he be charged with if he's found guilty?
  • 04-18-2009, 09:31 PM
    aardvarc
    Re: Help, Apt. Broken into
    Quote:

    Quoting Saturdayskids
    View Post
    My question involves criminal law for the state of: PA.


    Last year my apartment was broken into, and 500 dollars worth of items were taken. I know who did it (or I'm 99 percent sure that I know who did it). They live in a different county than I do, now.

    One of the items taken was an Xbox360, with an ID number on it that I finally got just today. One year after the event had happened. I went to the police to get them to call the Microsoft offices with the number, but I don't think that he'll actually do it.. which leaves me here:

    They may or may not call Microsoft (since the case is so old, there's no telling how many different people could have owned/sold it to since then), but what they CAN do now is enter the item as stolen in the NCIC system - which means when an officer runs it, they'll be notified that it has been reported stolen (many agencies have, for instance, pawn shop details where lists of items go to local law enforcement who checks for stolen property).


    Quote:

    Gamestop requires a subpoena in order to say if a customer who sold them a unit that was stolen. Would it be silly to get a subpoena for this case? I assume it costs money to issue one in the first place.
    Police would get the subpoena as part of the criminal investigation. They may or may not be "hip enough" to know to check Gamestop - you could always bring it to their attention as a possible place to check.

    Quote:

    On top of all of this, the person I'm entirely positive stole my items wants to be a Pittsburgh police officer. What all would he be charged with if he's found guilty?
    Being found guilty of possession of stolen property is more likely than being found guilty of the actual theft, which would be worse for a police career (easy to claim "I didn't know it was stolen"). Which one he'd be arrested under, if any, will depend on what case police can or can't make - which could be different than what he eventually gets charged with by the prosecutor's office - which could be different STILL from what he either pleads to or gets convicted of.
  • 04-18-2009, 09:34 PM
    KeyWestDan
    Re: Help, Apt. Broken into
    If it is a criminal case, it costs you nothing. The cost of a subpoena to the state is insignificant. But it sounds more like you are really talking about a search warrant. If there are sufficient legal grounds to issue one is another issue, but it does not take much these days. It is a standard investigative tool. Cops look at pawn shop records all the time without subpoenas or warrants.

    The police usually just could get a search warrant for information on that particular item. It would not be until a criminal trial that they would issue a subpoena to the store person who would provide a evidentiary foundation for the entry of the records into evidence

    Do some research on your state law. See if a place buying stolen property can actually require a subpoena/warrant from law enforcement in the first place. A store buying second hand merchandise from individuals might be regulated like pawn shops.

    The other approach would be to sue the person civilly, name GameStop and issue a subpoena to them. If you name them a defendant, then you can do discovery against them too. I would argue they are knowing dealers in stolen property, subject to civil RICCO. That would get their attention. This would all be expensive if you needed an attorney to do it.

    In the case of Microsoft, yes they would need to be issued a subpoena which could be criminal or civil.
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