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jamest, Private Investigator
Category: Criminal Law
Satisfied Customers: 372
Experience:  Investigator of criminal law cases, especially Florida law. Work with retailers, others, consultant
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I was arrested for taking copper pipe. I was stopped ...

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I was arrested for taking copper pipe. I was stopped pulling away from the scene and the copper was noticed in the back of my truck. they ask where I got and I told them it was from those abandoned building. They handcuffed me and put me in the car and said I was being arrested for commercial burglary (459).We then drove around and asked which building it was. I told them I couldn''t remember at that point. They took me down to Irvine PD in the booking station and only after I was photogragh,fingerprinted and being transported to OC jail in Santa Ana that then the two officers came back and read me my miranda rights.I have never been to jail before and was shocked that this crime I committed was 459
Submitted: 9 years ago.
Category: Criminal Law
Expert:  jamest replied 9 years ago.
459 is the standard burglary statute, from the description of the events it sounds like a burglary of the 2nd degree. Burglary is simply the entry into some place, where prior to entry the person had criminal intent to commit a crime, like theft, rape, ect. It also can apply if someone forms the criminal thought while inside and his right to be there is revoked, his failure to leave can constitute a burglary. Such as if your a guys in a house and you assault someone inside, it is assumed that once the assault took place, your permission to remain is revoked and failure to leave can be a burglary.

The 459 would be that you entered an area which you did not have a right to enter, and it was not open to the public, private property, and you took something, the pipe. Lots of construction sites and just industrial contractors have a major problem with the theft of raw materials, which is usually sold as scrap metal, they may just not believe you about where you got the pipe from. Either way since this is a first offense, you most likely wont get off too hard, unless they do an investigation that could like you to other thefts of this nature, most people who do this with true criminal intent do it a lot, and there would be evidence in the form of additional stolen goods or scrap recipes, they may attempt to determine where it came from and if it was really abandoned or if it was taken from a live site, if it was abandoned i would consider this an error of judgment as opposed to a true crime, but the courts will ultimately determine what happened.
Customer: replied 9 years ago.
Reply to jamest's Post: What about my miranda rights. they never gave them to me till i was at the station. not when they handcuffed put me in the car and told me i was being arrested for 459
Expert:  jamest replied 9 years ago.
Miranda rights can be used to suppress evidence that you may have been tricked into saying without knowing your rights. Miranda violations can be used to exclude confessions which were made without the warning. While it is almost always done, Miranda is not required by law to be read, an arrest without Miranda warnings is not invalid, a person can not be suppressed. If you made statements which incriminated you or you requested and were denied access to an attorney, then your attorney could seek to have those statements thrown out, but if the state has other evidence that can prove their case besides a confession or police trickery. Like in a drug possession case where the search was illegal, the drugs will be suppressed, since the drugs are no longer a factor, there is no basis on which the judge could sustain a conviction, you cant convict someone for possession if the only evidence of possession is that the item was taken from the defendant, if that item is not in court, there is no case. However in a different case, say murder, if they obtain an illegal confession, and the judge ejects it, but there is other evidence like DNA, whiteness, jail house confessions, all that may come in so the lack of confession does not mean the case would be over, it would just mean that certain pieces of evidence can not be used.
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