Arrested for stealing electric? Really??

[Ladyback1]

Yah see, but that doesn't apply here. I don't believe he unlawfully took it or that it deprived any other person of any property, which are the two points of that law.

I'm looking for case law now, give me a night. To me this is akin to going to a public park and flushing the toilet. About the same costs and both are public resources open and available for use by the public. The outlets just like the toilets are made available for the public to use. That's the whole reason they are there and it explains why the school is not pressing charges.

The electrical outlets on the outside of the school building are not there for the public to use. They are there for the use of the school and/or who ever the school gives permission to use them.

Bathrooms at a public park are there for the specific use of the the park visitors. And if the park closes at night? Then the bathrooms are not open to the public either.

I live in a city where some businesses, municipal offices, etc. supply outlets (in the parking areas) so people can plug in their vehicle's block heaters (hey, the high the other day was like -6! Not counting windchill). Those outlets/plugs were in place before electric cars, however, it could be assumed that plugging in an electric car would be permissible. However, it would not be ok to plug in an extension cord running to your home so you could have electricity to power your big screen TV!

 

[BL]

That post has been edited, you respond way too fast lol!

Both the public toilets and public outlets are put there specifically for use by people using the facilities. Made evident by the schools refusal to press charges.

You think so huh ?

How about this ?

Larger buildings install water hose outlets ,electrical outlets , etc. for purposes of maintenance and workers outside.

Not for public use.

Your postings are getting farther and farther from truths .

As was said ,this is a legal forum ,not a chat site.

Howabout changing forums now ?

I suppose fire hydrants are for the publics use also, because ,well because they are there . Oh brother.

 

[justalayman]

Both the public toilets and public outlets are put there specifically for use by people using the facilities. Made evident by the schools refusal to press charges.

aha!! that is where your argument fails miserably. While the toilets are put where they are for public use and as such, flushing the toilet would not be a non-permissive use (although excessive flushing without purpose actually could result in being charged with a crime), the receptacles on the building were not put there for the specifically for the use by people using those facilities. They are placed there for the use of the building personnel and for whatever they need to use electrical power for while outside the building. The are not designed for the purpose of providing power to a visitor to the school grounds.

So, now, do you understand yet why you are just plain wrong?


Apparently you did you miss where the school is standing behind the police in these charges? You also must realize there is no crime unless the owner (controlling entity actually) of the school building desires there to be charges filed and prosecuted. The police consulted the school administration before filing charges. If the school had said; nope, no crime here. We don't have a problem with what he did; the prosecutor could not file any charges that would be prosecutable. For a crime to have been committed in a theft, there has to be somebody saying something was actually stolen from them.

 

[SmokeyParkCop]

The electrical outlets on the outside of the school building are not there for the public to use. They are there for the use of the school and/or who ever the school gives permission to use them.

Bathrooms at a public park are there for the specific use of the the park visitors. And if the park closes at night? Then the bathrooms are not open to the public either.

What makes you think these outlets available around the tennis court and PUBLIC parking lot aren't for public use? Why are we making that assumption? That seems like a jump to me, how are we to determine what is or is not for public use? What makes the park bathrooms different then the charging outlet by the bleachers at the tennis court?

The fire hydrants is a bit of a reach, there ARE laws concerning use of those, the outlets are for public use.

 

[CdwJava]

The school does. Have you ever been to a school, library, airport, really ANY public place that didn't let you charge your phone or ipad?

It's never occurred to me to do that. But, given the fact that I'd probably have to hunt down an outlet at the front of the school, I likely wouldn't plug my flippin' CAR into one!

Don't be silly, this is a very common thing, this was just a cop on a power trip that didn't like the way this guy was talking to him.

I've arrested people for theft of power before. It's NOT a common thing, but it is a crime and can and will be prosecuted when the victim wants it to be because it's ... theft.

In this case, the victim - the school - chose not to pursue criminal charges (so you wrote, though I haven't rad the story in detail). That does not mean that the underlying offense was invalid. if the officer observed a suspect steal a 5 cent candy bar from 7-11 he could still make the arrest for the crime committed in his presence even if, later, the store did not wish to pursue criminal charges.

 

[justalayman]

What makes the park bathrooms different then the charging outlet by the bleachers at the tennis court?

to start with, his car wasn't at an electrical receptacle by the bleachers at the tennis court. The car was near the building. Apparently it was far enough away that the cop didn't immediately associate the car with the guy on the tennis court even hence the getting into the car to determine ownership.

 

[justalayman]

the outlets are for public use.

PROVE IT. No assumptions. No speculation. PROVE IT.

 

[BL]

As was stated ,last I read the school is cooperating with the police.

His story is that no one was around to ask permission from.

 

[SmokeyParkCop]

to start with, his car wasn't at an electrical receptacle by the bleachers at the tennis court. The car was near the building. Apparently it was far enough away that the cop didn't immediately associate the car with the guy on the tennis court even hence the getting into the car to determine ownership.

Yah, i do wonder about that, as a separate issue, the peace officer ENTERED his car.

But, i don't even really know why we are arguing about this! The guy had been told that he wasn't allowed on the school property, he should have been charged with trespassing. He wasn't a "Patron" of the school, so no HE didn't have a right to use ANY of the public property, so theft charges for HIM are valid.

But i said this in a post on the 2nd page of this thread....

This of course is completely different in the case of a legal patron of the public property. In THAT case, the use of the outlet, set out specifically for public use, is legit.

 

[quincy]

Quincy, please go back and re-read my post. You guys respond WAY to fast on this forum! I'm sorry, you are wrong, i don't need an apology.

What?

You, Smokey, most certainly do not need an apology, but I will wait for yours to me.

And, while you are at it, I suggest you apologize to the original poster for wasting his time. You can also apologize to all of the other forum members you have insulted and attacked during your brief time on this forum. A brief time, I might add, where you have shown a woeful lack of knowledge of even basic law.


(now watch Smokey come back with talk about the de minimus doctrine )

 

[Ladyback1]

What makes you think these outlets available around the tennis court and PUBLIC parking lot aren't for public use? Why are we making that assumption? That seems like a jump to me, how are we to determine what is or is not for public use? What makes the park bathrooms different then the charging outlet by the bleachers at the tennis court?

The fire hydrants is a bit of a reach, there ARE laws concerning use of those, the outlets are for public use.

Well, first of all, if you don't live in area that provides outlets for vehicle block heaters, it's going to be hard for you to picture (but given your imagination I'm sure that you can figure it out).

The outlets provided for vehicles are at the front of the parking spots. They are not attached to a building. They are stand alone outlets IN THE PARKING SPACE! And FYI? Parking lots are considered private property (have an accident in one and ask the police to investigate...).

oh H*ll...I give up. Trying to explain anything to you is like trying to explain to our Pug why he can't chew on my shoes!

 

[SmokeyParkCop]

(now watch Smokey come back with talk about the de minimus doctrine )

Haha! We haven't learned about that yet! It is an interesting point 5 cents after all was the estimate.

 

[justalayman]

SmokeyParkCop;3229265]

This of course is completely different in the case of a legal patron of the public property. In THAT case, the use of the outlet, set out specifically for public use, is legit

Nope, still incorrect Mr P Troll., I mean smokeyparkcop.

 

[SmokeyParkCop]

Well, first of all, if you don't live in area that provides outlets for vehicle block heaters, it's going to be hard for you to picture (but given your imagination I'm sure that you can figure it out).

The outlets provided for vehicles are at the front of the parking spots. They are not attached to a building. They are stand alone outlets IN THE PARKING SPACE! And FYI? Parking lots are considered private property (have an accident in one and ask the police to investigate...).

oh H*ll...I give up. Trying to explain anything to you is like trying to explain to our Pug why he can't chew on my shoes!

lol, yah, they probly don't have a need for specific outlets for engine block heaters in Georgia

 

[justalayman]

Haha! We haven't learned about that yet! It is an interesting point 5 cents after all was the estimate.

better yet; somebody asked the power company to calculate the use and they came back with 4 cents.




but sorry to be the bearer of bad news but the accurate amount cannot be calculated due to not knowing the current draw of the load at the specific time of the use and the precise period of time power was used. As well, there is probably a lack of calculating in fixed costs such as delivery fees and such that many power companies are now charging due to the requirements to lease their infrastructure to other providers. Those costs were included costs long ago when each power company had an authorized monopoly but now since they no longer operate in that business model, most electrical providers have created a fee structure with fixed and variable costs listed individually.