Burglary, trespassing, or ??

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gc70

gc70

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How can someone be charged with 'attempted burglarly' in the following situation?

Part of a Fox News article:
Emotions were high among supporters. After Jackson's news conference, a man was tackled to the ground by officers when he tried to storm into the hospice, Pinellas Park police said.

Dow Pursley, 56, of Scranton, Pa., was shocked with a Taser stun gun and was arrested on charges of attempted burglary and resisting arrest without violence, police spokesman Sanfield Forseth said. The man had two bottles of water with him but did not reach the hospice door, police said. He is the 47th protester arrested.
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Also, if the man was 'resisting arrest without violence' why was he shocked with a taser after he had been tackled to the ground?
 
Entering into a structure with intent to commit a felony. What felony the officials think he had in mind escapes me right now.
 
"why was he shocked with a taser after he had been tackled to the ground?"

So he wouldn't get up?

To teach him a lesson?

It was an accident?

For being stupid in public and crossing a police line?

<Shrug>

Is this the same Dow Pursley who wrote the famous how-to sex manual for Christians?

John
 
4v50 Gary,

Many states (such as Pennsylvania) have dropped the requirement of committing a felony inside and replaced it with committing a crime inside. Don't know state law is in this case.
 
It depends. :D

Anyone have the statute? Just because the police arrest someone for something does not mean he will be prosecuted for it or anything. He could be prosecuted for it or for Criminal Trespass or Resisting Law Enforcement or lots of other stuff.

Attempt burglary is probably like my state's Residential Entry--knowing or intentionally entering a dwelling of another without consent or authorization (no specific intent to commit a felony therein).

Don't put much stock in the news reports or what the police say. Nothing ugly about the po-po, just that the District Attorney, Prosecuting Attorney, State's Attorney, etc. has the final say.
 
In a lot of states (GA being one of them) you (the police) can charge high so that the prosecutors can have wiggle room to plea it down or reduce the charges if they feel the evidence does not quite merit the arrested offense.

In many cases I’ve seen burglary charges go to court to be reduced in open court to criminal trespass or criminal damage to property.

In GA it’s very hard to convince a judge for the need to charge up but reducing charges is really no big deal.

As the cops we are more or less the only state witnesses to such crimes especially if we arrest during the commission of the crime late at night, for example.

If we charge with burglary then the judge will more often than not take for fact that we believe a burglary has or was being committed, then it’s up to the state to prove that crime.

If the cops charge with say criminal trespass but the prosecutor wants burglary instead the first thing the judge will want to know is if the evidence showed burglary why did the cop go with the lesser of the crimes.

In GA we do not have “attempted burglaryâ€, we have criminal attempt or conspiracy to commit a crime.

Here is the example I often use, lets say I find Joe Thug outside of Miss Smiths residence at 3AM, he’s concealed in the bushes, he is dressed in all black and has on gloves, it’s August, he has a crowbar a screwdriver and a glass cutter. He sees me and runs, I give chase and catch him, find all this stuff on him, I place him into custody and run him for wants, find he’s on probation for burglary and theft by taking.

I arrest him for loitering and prowling and return to the scene where I found him, I knock on Miss Smiths door and ask her if she knows the man, which after looking at his ID she says she does not, I further tell her what happened so we go and look at the window where I saw him standing, we see small marks as if he was trying to place the crow bar to pop open the window but he did not open the window or do any damage beyond the scuff marks.

I as most reasonable officers would believe that he was attempting to enter the house for the purpose of committing a burglary or theft.

He would be charged with loitering and prowling, possession of burglary tools, criminal attempt to commit burglary.
 
It has to be labeled something really serious and they have to put up a good show of prosecuting. Or, lots of protesters will take heart and take over. Odds of 3:1 once Terri dies, charges will be dropped or greatly (and quietly) reduced.
 
violation of the court order could be the felony.......?

burglary is usually defined as entering a building to commit theft or any other felony.
 
possession of burglary tools
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:what:

Man I have to remember to take my crowbar out of my truck!!!

FWeasel, can one only be charged with posession of burglary tools if he is also charged with loitering/prowling, or conspiracy to committ burglary or something like that?
 
Yes, I don’t think even most cops are dumb enough to charge somebody with burglary tools unless they were endeavoring to “use†them in a possible burglary.

The last time I used that charge the guy did have a crowbar, which is why I used that example, he busted out some poor guys sliding glass door, then entered the house and for some strange reason began yelling and screaming, all at 4AM.

The home owner challenged him with a shotgun and the guy unassed the place.
 
I didn't mean to imply that cops were dumb, I just wondered what would warrant the charge. If there were tools that couldn't be used for anything but burglary, it is obvious what circumstances would warrant the charge, but since burglars use stuff that has other uses (i.e. tire tools), I just wondered what would have to happen to recieve the possession charge.

Your explanation about giving a multitude of charges to ensure one of them stuck made sense to me.
 
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