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Question?

Discussion in 'Cop Talk' started by Ghost46, Dec 8, 2011.

  1. Ghost46

    Ghost46 Member

    217
    0
    Nov 12, 2010
    In Your Attic
    Hey folks just a question about a scenario that happens quite often in a certain part of town.

    Lets say you're walking out of a convenience store and a "gentleman" approaches you and says "give me five dollars". You say no or just ignore him.He says it again following you to your vehicle.
    In some states is that considered attempted robbery?Can I shoot him upside his nappy head or at least smack him? (I'm joking about shooting his nappy head :supergrin:)

    Seriously though,I often wondered if that could be attempted robbery? :dunno:


    Thanks for any replies and for your service!
     
  2. dbcooper

    dbcooper

    1,138
    2
    Mar 2, 2011
    If there are no cameras to capture the event and only one left to tell the tale then it was most certianly an attempted strong arm robbery:whistling:
     


  3. packsaddle

    packsaddle

    1,197
    55
    Jan 15, 2009
    generally speaking....

    the statement "give me five dollars" is not a crime itself (unless he's holding a gun or knife).

    you need the threat part.

    so when he says "give me five dollars" you need to reply with "and if I don't?".

    his answer to that question will determine many things, including if a robbery is actually taking place.
     
    Last edited: Dec 8, 2011
  4. 1041TX

    1041TX

    87
    0
    Jul 4, 2011
    ATX
    As others said, without a threat, weapon, physical contact etc, Joe the Bag Man isn't doing anything illegal.


    Outdoor Hub mobile, the outdoor information engine
     
  5. Ghost46

    Ghost46 Member

    217
    0
    Nov 12, 2010
    In Your Attic
    :whistling: :supergrin: :wavey:
    I will ask that next time.I usually just ignore them unless they keep asking then I answer them with a no!
    I would think its panhandling at least?No?


    They don't harass me to much.I'm a big fella but that's not why they don't harass me.I'm ugly as all get out so I guess I scare them off with my looks! :cool:


    Thanks guys for the replies and once again thank you for your service!
     
    Last edited: Dec 8, 2011
  6. MeefZah

    MeefZah Cover is Code 3

    3,974
    321
    Jan 2, 2008
    Lost Coast, Cali
    No crime, the way you presented it. He gets more agressive, then that could change.
     
  7. ateamer

    ateamer NRA4EVR

    Robbery is taking property by force or fear. Unless he presents or simulates a weapon, or makes a threat that reasonably puts you in fear, it is not attempted robbery. At the most it could violate a local ordinance prohibiting aggressive panhandling. Best to just leave, get a block down the street and call the police so they can go over and jam the guy up. The store clerk will probably say yes when the officer asks if he wants the guy to leave the property. If he doesn't, they can hook him for trespassing.

    At least that's how we do it here. Pretty common, unfortunately.
     
  8. rookie1

    rookie1

    742
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    Mar 3, 2009
    Iowa
    This.
     
  9. larry_minn

    larry_minn Silver Member Millennium Member

    9,154
    766
    Dec 16, 1999
    Minnesota
    One thing to remember with force. ESP deady force. Its the last resort. You MUST avoid using force if possible.
    I have been Panhandled where threat of force was made. My response was verbal. A suggestion they move out of my way. A hr later, two blocks away, I was helping load them into the back of a squad car. (after infrorming the Officer what weapons I knew they had)
    I must admit that .357mag was a comforting weight.
     
  10. Cochese

    Cochese Most mackinest CLM

    11,997
    903
    Jun 30, 2004
    Unmarked Rustbox
    We have an aggressive panhandler ordinance that is arrestable. Yay!
     
  11. Sharky7

    Sharky7 Boomshakalaka

    3,199
    17
    Feb 21, 2009
    Open Carry will cause the panhandler to defecate upon seeing you. Problem solved.

    Buy some steal toe Croc's. Not only will you by stylin' - you will have deadly ninja gator kicks.
     
    Last edited: Dec 8, 2011
  12. collim1

    collim1 Shower Time!

    7,358
    919
    Mar 14, 2005
    USA
    Yup you call it in and the local PD will have a good reason to contact him and most likely a PI or loitering charge will get him out of the area for a few days.
     
  13. Mrs.Cicero

    Mrs.Cicero Wayward Member

    4,433
    324
    Aug 13, 2004
    far from home
    Are you making fun of my Crocs?

    Dear Santa, I would like those steel toed Crocs. In red. Size 7 and a half. Because Deadly Ninja Gator Kicks are cool...:supergrin:

    Mrs.Cicero
     
    Last edited: Dec 9, 2011
  14. Ghost46

    Ghost46 Member

    217
    0
    Nov 12, 2010
    In Your Attic
    No open carry here.And I'd rather conceal even if we did have open carry.

    What is a Croc?Boots?
    Walked out last week after buying some soda they had on sale and some nappy headed bum was bugging this old lady about giving him $5 then it was "just some change then".She looked scared so I asked the guy to quit harassing her and if he didn't I would call the police on him.He looked at me like I just took his birthday away.
    At least he stopped bugging the lady.Sometimes I feel like palming their heads and tossing them in the trash but I'd probably go to jail and all.:supergrin:
     
    Last edited: Dec 9, 2011
  15. jellis11

    jellis11 Yippee-ki-yay

    1,306
    0
    Jul 27, 2011
    South Kakalaki
    "sorry bro, gave my last $5 to a bum outside."

    Situational awareness should pop right to the top. Tell them no. If they bother you again say it again in a way that the clerk or others will hear you telling them to leave you alone.
     
  16. merlynusn

    merlynusn

    3,976
    235
    Nov 16, 2007
    NC
    Yeah, strong arm robbery here is the use of force or threatened use of force to take property. Armed robbery is taking property with the use or threatened use of a weapon. Absent those two, it's not a robbery. Call the police though. We do like to know who they are and that they are getting aggressive.
     
  17. Here any panhandling is an arrestable offense. That coupled with our open container ordinance and sleeping ordinance, makes town pretty unfriendly towards the homeless. Yet they flock here anyways.

    To the OP depending on where you live panhandling, may or may not be a criminal offense.
     
  18. ateamer

    ateamer NRA4EVR

    Any officer enforcing panhandling statutes should make himself familiar with the US Supreme Court case dealing with begging: Loper vs. NYPD. It's from about 20 years ago and essentially says that peaceful begging is lawful.
     
  19. actionshooter10

    actionshooter10 CLM

    1,698
    25
    Dec 29, 2006
    Texas
    "I don't have anything for you" the first time.

    "Get the **** away from me" in a loud and firm voice the second time.

    Haven't gotten to three...yet.