Author Topic: Homeless man arrested, charged for "stealing electricity" when charging cell  (Read 8991 times)

AZRedhawk44

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http://bangordailynews.com/2011/06/28/news/bangor/charging-of-cellphone-leads-to-misdemeanor-charges/?ref=mostReadBox


Yeah, he's stealing.

But:  A cell phone charger is a tiny little thing.  Mine draws 0.2 amps from the AC side.


We have a couple of interesting federal and AZ laws, here. 

#1 - It is illegal for a business or restaurant to deny someone water, even if not a paying customer, as long as they are reasonably capable of rendering humanitarian aid to do so.  This harkens back to our desert heritage, but is still an actively protected law.  Particularly regarding homeless.  That doesn't entitle you to the expensive Evian stuff at $2.50 a bottle, but they'll fill up your hobo thermos from the city tap, or direct you to a water fountain or bathroom faucet.  Or just let you grab water from the faucet out back.  That's a public utility just like electricity.

#2 - It's illegal for a cell provider to deny  911 access to someone with an otherwise inactive phone.  That's a federal law, and we all (paying cell customers) subsidize this with a universal 911 access surcharge tax on our bill every month.  You can even donate old phones to homeless shelters for this purpose.

Given the two philosophies above, isn't it more or less the "right thing to do" to allow homeless to charge cell phones from whatever outlets they can find where they aren't otherwise impeding business?

Note I'm not suggesting they should be able to walk into 7-11 and unplug the coffee maker or cash register in order to charge their phone.

But an otherwise unused power outlet in a dark alley, at 12:30 at night, isn't impeding the business.

I think this is a chickenscat charge.
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RocketMan

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I think this is a chickenscat charge.

Yeah, pretty much.  Cop could have had a bad day, or maybe he's just an ass with a badge.  Who knows?
A better response IMO (if the story is accurate, and if the cop thought he just had to do something) would have been for the cop to tell the bum to just move along.
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MillCreek

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The article also says the subject was arrested for concealed weapon, due to a folding knife under his shirt.  Maybe this is what got him the trip to the pokey.
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AZRedhawk44

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Yeah, I read that too.

A "folding knife" could just be a swiss army knife or other utility pocket knife.

This gets back to the whole hoplophobia thing... weapons on their own aren't bad.  It's malicious intent that is bad.  Even if he had Crocodile Dundee's knife under his shirt... who cares?  Obviously he wasn't charged with brandishing, or assault, or anything else.
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zxcvbob

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He lives on the street, where else is he going to keep his knife?

(at least cop didn't beat the carp out of the guy and then arrest him for resisting arrest and assaulting a police officer.)

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Stand_watie

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I have a cousin who lives locally who looks like a homeless man, and my wife works for the county sheriff as a dispatcher. Wherever he goes she gets phone calls from people to report the "suspicious" guy who is (for example) standing by the road looking at the flowers. I know what is driving this complaint and I can kind of see both sides.
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griz

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Sounds as if there has to be more to the story.  Maybe the cop had previous encounters with him, maybe the guy didn't take a "move along" request to heart, etc.  I can't believe it was just the phone charger that started the whole thing.
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GigaBuist

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Sounds as if there has to be more to the story.  Maybe the cop had previous encounters with him, maybe the guy didn't take a "move along" request to heart, etc.  I can't believe it was just the phone charger that started the whole thing.

You might be surprised.

We had a local case a few years back where a younger man was using a local coffee shop's free WiFi connection from his car to check email.  A cop noticed.  The shop owner didn't know it was happening; didn't care when he was informed it was happening.  The cop didn't even know if it was illegal.

After much more police work than required to solve a non problem that dude's got a felony record now.

HankB

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We had a local case a few years back where a younger man was using a local coffee shop's free WiFi connection from his car to check email.  A cop noticed.  The shop owner didn't know it was happening; didn't care when he was informed it was happening.  The cop didn't even know if it was illegal.

After much more police work than required to solve a non problem that dude's got a felony record now.
If the shop owner didn't care . . . who made the complaint, and on what basis was the guy prosecuted?  ???
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MicroBalrog

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He lives on the street, where else is he going to keep his knife?

(at least cop didn't beat the carp out of the guy and then arrest him for resisting arrest and assaulting a police officer.)



You forget, RKBA doesn't apply to the homeless.
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Pharmacology

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Quote
You might be surprised.

We had a local case a few years back where a younger man was using a local coffee shop's free WiFi connection from his car to check email.  A cop noticed.  The shop owner didn't know it was happening; didn't care when he was informed it was happening.  The cop didn't even know if it was illegal.

After much more police work than required to solve a non problem that dude's got a felony record now.

 :O

I do that on a pretty regular basis with my ipod touch.

mtnbkr

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You forget, RKBA doesn't apply to the homeless.

In a frightening number of places, a concealed knife, even a folder, is illegal or at least questionable.  It isn't normally enforced, but used as a "pile on" charge.

Chris

Balog

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You might be surprised.

We had a local case a few years back where a younger man was using a local coffee shop's free WiFi connection from his car to check email.  A cop noticed.  The shop owner didn't know it was happening; didn't care when he was informed it was happening.  The cop didn't even know if it was illegal.

After much more police work than required to solve a non problem that dude's got a felony record now.

I remember that case. I know he was charged with a felony but I thought he plead it down or the charges were dismissed or something?
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He lives on the street, where else is he going to keep his knife?

(at least cop didn't beat the carp out of the guy and then arrest him for resisting arrest and assaulting a police officer.)


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Nick1911

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If the shop owner didn't care . . . who made the complaint, and on what basis was the guy prosecuted?  ???

I believe non-civil matters are considered "crimes against society".

Kinda like when an abusive spouse is arrested, and the victim doesn't want to press charges, wants the person released, etc.  Nope, it's not their call, it's a matter between the criminal and the state, not the criminal and the victim.

The cop found someone committing a supposed crime.  No complaint from the victim is needed to prosecute.

RaspberrySurprise

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http://www.foxnews.com/story/0,2933,276720,00.html

Here's a link to the Michigan case, the money quote comes from the assistant prosecuting attorney saying she had no choice but to charge the man, oh woe is her. Whatever happened to prosecutorial discretion? Sounds like a load of bull to me.
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GigaBuist

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I remember that case. I know he was charged with a felony but I thought he plead it down or the charges were dismissed or something?

You're right.  I remembered wrong.  They dismissed the felony charge and let him off with probation, a fine, and community service.

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I was homeless for a few months in 2010 slept in a friends car and plugged in my cell phone at AA meetings and work ( that's right, merely having a job in San Francisco doesn't mean you can afford the rent ) I not only carried a cold steel grand vaquero, I also carried a glock 22.

I suspect either they have a crappy PD with nothing to do except harass people or this homeless dude was a local jerk who got what was coming. I've been around a lot of homeless, some are real Dbaggers,lemmetellya.
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I worked the McDonalds mid to 8 am shift, alone, in West Palm Beach Fl for a while. Lived close to there too. They would dig in the trash and make a holy mess out of the place so the manager would comwe out with me to ensure that I mixed the old, but still good, food in with the garbage. The bums would give me hell over it too. "Why they got to do that? Why can't they let a man have a meal?" The same individual later went to the market across the street, bought a quart of cole slaw, and smeared it all over the tile walls at Mcd's in the mens room. They said when the cops came he got a nasty wack on the noodle with a blackjack and they were sorry they called the cops after seeing that. This was in the morning. They left it for me to clean up at midnight. We're talking ripe by then. I had to hold my breath, run in, clean as much as I could and then run back out as far as I could before I ran out of breath. Took a while.  :lol:

Could have been worse, at least it wasn't crap.  :O
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gunsmith

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I spent a lot of time in west palm circa 98-99, there was some interesting street folks there for sure.
Politicians and bureaucrats are considered productive if they swarm the populace like a plague of locust, devouring all substance in their path and leaving a swath of destruction like a firestorm. The technical term is "bipartisanship".
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280plus

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I was there 81-83. There were interesting folks then too.  :O

I lived on Gardenia St  ;)
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MechAg94

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You're right.  I remembered wrong.  They dismissed the felony charge and let him off with probation, a fine, and community service.
He should have forced a jury trial.  I can't imagine I would ever convict a person for something as silly as that.
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This story has all the makings of a 21st Century gospel parable  ;)
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French G.

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In a frightening number of places, a concealed knife, even a folder, is illegal or at least questionable.  It isn't normally enforced, but used as a "pile on" charge.

Chris

I need to research the timeline of when Virginia's knife laws went into effect, I suspect that they are Jim Crow BS. I'd like to see a eception written into the code for CCW holders, as it stands now I can legally skip down the street with 3 loaded Glock 17s, but a 4" double edge knife added on could get me a trip to the pokey. Really crappy knife laws here.
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sanglant

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the problem is the double edge. it's illegal to carry them most places now. good luck getting them changed. =(

in other news there have been pushes lately to bring the UK's knife laws into the US. if they pull it off, it will mean an end to lock blades, and blades over 3 inches. [tinfoil]

http://www.timesonline.co.uk/tol/news/uk/crime/article4873593.ece
http://dvice.com/archives/2009/06/anti-stab-knife.php
=|

i mean come on, really. [barf]
http://www.dailymail.co.uk/news/article-1035729/Britain-alert-deadly-new-knife-exploding-tip-freezes-victims-organs.html