Austin: Couple charged with breaking into bait car

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seamusTX
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Re: Austin: Couple charged with breaking into bait car

Post by seamusTX »

Kevinf2349 wrote:I can tolerate somebody legally parking on my house front, but blocking my access would have definately resulted in call to the police and a request for a tow truck.
I was able to get around it with creative steering, but it was like having a dead rhinoceros on my lawn (it was an old, beat-up van).

The police took their sweet time. I'm sure they had better things to do,

- Jim
Fear, anger, hatred, and greed. The devil's all-you-can-eat buffet.
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ELB
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Re: Austin: Couple charged with breaking into bait car

Post by ELB »

If you go to Youtube and type in "bait car" you will get dozens of videos from cameras hidden in the bait cars. There's very little doubt that those who drove off in them were aware they were stealing.

This case, from what has been published so far, is pretty smelly on the police/prosecution side. I don't see any entrapment -- the cops did not ask the residents to steal it -- but I don't see much in the way of intent just because the residents got nosy after three days.

As for why use a screwdriver for the trunk when the key is in the ignition? Maybe the trunk lock was changed and the remote release disabled because the trunk is where the cops hid their recording equipment...
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mctowalot
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Re: Austin: Couple charged with breaking into bait car

Post by mctowalot »

IANAL, but I do drive a tow truck :tiphat: . If a vehicle is on YOUR property (driveway, yard, porch, etc.) and said property is in Texas you can call a wrecker as soon as you feel like it and they can haul it off no LEO approval required... with certain exceptions ie: foul odors, body(s) (complete or parts) visable, etc. Re: blocking access to your own driveway or reserved parking place - used to be same applied, but as we lose our freedoms bit by bit you might need LEO to authorize. Disclaimer; I may or may not have any idea what I'm talking about, certain restrictions may apply - check with local LE in your area - if anybody asks, this was never posted :txflag: Thank you for your support!
chabouk
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Re: Austin: Couple charged with breaking into bait car

Post by chabouk »

Something had been tickling way down in my lizard brain about this case, then it dawned on me: intent is a critical element of burglary.

Sec. 30.04. BURGLARY OF VEHICLES. (a) A person commits an offense if, without the effective consent of the owner, he breaks into or enters a vehicle or any part of a vehicle with intent to commit any felony or theft.

(b) For purposes of this section, "enter" means to intrude:

(1) any part of the body; or

(2) any physical object connected with the body.
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marksiwel
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Re: Austin: Couple charged with breaking into bait car

Post by marksiwel »

Tow it,
it stinks the police wouldnt atleast move the car, instead of blowing the guy off.
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