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3 Griz Arrested
- Thread starter grizindabox
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indian-outlaw
Well-known member
Ursus1 said:
Most of Missoulas finest couldn't track an elephant in a foot of stitt.
statler & waldorf
Well-known member
indian-outlaw said:
Why does the theme song to "The Pink Panther" come to mind at this time?
Some have expressed interest in the LE process in incidents such as this.
The call comes in to 911 something like ,"There are people in my house!" The caller was probably distraught. At least two units are dispatched to a "possible burglary in progress." The officers arrive and find several people in or around the house. They are taken into custody. The homeowner would be briefly interviewed to determine what they observed. the suspects are then transported and booked.
Every crime has certain elements to be fullfilled. In the crime of burglary, one must enter or remain unlawfully in an occupied structure with the purpose of committing a crime therein.
Element 1-Enter or remain unlawfully-done
In an occupied structure-by definition-done
With the purpose to commit a crime therein-more difficult, but they did commit the crime of criminal
trespass, so the arrest was valid.
Bond schedules are set by the district judges and are not subject to change by the jail.
The investigation that follows is critical to showing whether the suspects intended to steal anything (the most common thing that happens in burglary.) Obviously, if they were in possession of items from the house, the question is pretty much answered. Other indications might be moving items into an area where they can be removed from the house, i.e. near the ladder. The time of the incident can be an indicator also, as are conversations overheard by the complaint. I did not read where the actual arrest took place. If they were arrested away from the house and had nothing on them from the house, it would be easily arguable that they were simply looking at the construction. Arguing that they were trying to get out of the rain has less validity as they had to enter by a ladder. They could have found shelter in numerous other places.
The prosecutor does not have to prove intent to steal, but if they cannot prove this intent, they will probably charge with the lessor crime of criminal trespass. I'm guessing this will probably be the case. The suspects will probably plead guilty and pay a fine, and/or community service, and may not be suspended for the entire season. For those that think they should have the "book thrown at them" because they are on the football team, remember that you cannot punish based on occupation, only convictions.
The call comes in to 911 something like ,"There are people in my house!" The caller was probably distraught. At least two units are dispatched to a "possible burglary in progress." The officers arrive and find several people in or around the house. They are taken into custody. The homeowner would be briefly interviewed to determine what they observed. the suspects are then transported and booked.
Every crime has certain elements to be fullfilled. In the crime of burglary, one must enter or remain unlawfully in an occupied structure with the purpose of committing a crime therein.
Element 1-Enter or remain unlawfully-done
In an occupied structure-by definition-done
With the purpose to commit a crime therein-more difficult, but they did commit the crime of criminal
trespass, so the arrest was valid.
Bond schedules are set by the district judges and are not subject to change by the jail.
The investigation that follows is critical to showing whether the suspects intended to steal anything (the most common thing that happens in burglary.) Obviously, if they were in possession of items from the house, the question is pretty much answered. Other indications might be moving items into an area where they can be removed from the house, i.e. near the ladder. The time of the incident can be an indicator also, as are conversations overheard by the complaint. I did not read where the actual arrest took place. If they were arrested away from the house and had nothing on them from the house, it would be easily arguable that they were simply looking at the construction. Arguing that they were trying to get out of the rain has less validity as they had to enter by a ladder. They could have found shelter in numerous other places.
The prosecutor does not have to prove intent to steal, but if they cannot prove this intent, they will probably charge with the lessor crime of criminal trespass. I'm guessing this will probably be the case. The suspects will probably plead guilty and pay a fine, and/or community service, and may not be suspended for the entire season. For those that think they should have the "book thrown at them" because they are on the football team, remember that you cannot punish based on occupation, only convictions.
Flathead Cat
Well-known member
Bear Axed said:
so are you.....
UMGriz75
Well-known member
Already a problem in the analysis. The structure is separate from the house, an unfinished apartment over a garage. Based on the fact that it had no windows, just openings to the outside where windows were to go, no one could have interpreted this as an "occupied structure." An outbuilding adjacent to an occupied structure "can" be interpreted as part of it, if the accused knows that there is an occupied structure there.cameo said:
It can't be seen in this case.
This is one of many statutes requiring the accused to have acted "knowingly." "A person acts knowingly with respect to the result of conduct described by a statute defining an offense when the person is aware that it is highly probable that the result will be caused by the person's conduct. When knowledge of the existence of a particular fact is an element of an offense, knowledge is established if a person is aware of a high probability of its existence." MCA 45-2-101.
The "awareness" requirement is why courts are generally lenient towards young people on charges like this, and especially when groups of them do something stupid together. "Behaving stupidly" is an apt definition for how people are able to act "without knowledge," -- indeed, it may be the defining characteristic for much of what young people do on their way to obtaining "knowledge." The statute does NOT, notably, use the words "or should have known." When you are simply not thinking about it, by definition you don't "have knowledge."
In its effort to reach convictions, however -- to "punish" -- the Montana Supreme Court has held that the "State was not required to prove that defendant knew he was trespassing or intended to do so," [Trujillo case] even though that is what the statute specifically requires.
The "law" often enough, itself, breaks it. That is the nicety of what we teach young people by overbearing on minor infractions of it while excusing overt misconduct in its administration. The total of $250,000 in bail in this case is part of that.
KoolMoeDee
Well-known member
Joshua Robinson @JoshuaABCFOXMT 49m49 minutes ago
Court docs: Griz players+friends face misdemeanors, not felonies. Believed home was empty, only property disturbed: beer taken from garage.
Court docs: Griz players+friends face misdemeanors, not felonies. Believed home was empty, only property disturbed: beer taken from garage.
horribilisfan8184
Well-known member
KoolMoeDee said:
Cue Gomer Pyle.
...ilovethecats
Well-known member
stealing beer? impossible! there was nothing to take. what were they going to do...take a table saw down a ladder that wasn't even a ladder?!
I don't buy the fact that these guys would look to take anything.
can't some boosters please buy these dudes some beers so they don't have to go looking for it?
I don't buy the fact that these guys would look to take anything.
can't some boosters please buy these dudes some beers so they don't have to go looking for it?
statler & waldorf
Well-known member
KoolMoeDee said:
Which the MPD should have done with a Notice to Appear, a ticket. I hope the five sue the shit out of anyone even remotely involved in this travesty. They are out a lot of money due to incompetence. They system is out of whack.
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