A quick question..

[lawpuppy66]

This question has all of my academy instructors divided and wondered what your opinions would be.

Is stealing something from the bed of a truck considered a theft or burglary of a vehicle? Here in Texas you have to physically enter the vehicle or something attached to you enters the vehicle. You don't have to "break" anything, just enter.

What do ya'll think?

[Barenaked]

I say the back of the pick up truck is entering the vehicle.

Im not a PO.

[Scruit]

"I saw an episode of cops once" where the officer said that because the theif's body was significantly inside the vehicle that it was considered to be an 'entry into' the vehicle for the purposes of a burglary from vehicle charge.

I would say that if the item stolen was within easy arm's reach of the outside of the vehicel then it is not burglary, but if the theif had to reach his whole upper body over the edge of the bed this it is burglary.

[Chief_Wiggum]

Here it would be larceny. You have to enter a structure for it to be burglary, and our courts have ruled a pickup bed is not a structure. So the only way to get a final answer to your question is to add the jurisdiction of the act.

[FPS207]

We have a entering auto charge. Burglary only applies to a dwelling, railwaycar, or building of some type. Here the charge would be entering auto.

[Lfpdlieu302]

it would be theft of property here. burglary as stated earlier is left for an occupiable stucture.

[Barenaked]

it would be theft of property here. burglary as stated earlier is left for an occupiable stucture.

Put a cap on that same pickup truck, does that change anything?

[mcsap]

Our burglary charge ONLY applies to a structure. If a perp were to reach in through an open window and steal your wallet sitting on the window sill, it would be a burglary. If you left your wallet outside on your deck, just a theft.

So , it would be theft from a vehicle.

How about this. If a $200 car is stolen it is a felony. Steal 2 grand in cash from a ladies pocketbook at a grocery store and it in only a Misd.

[Lfpdlieu302]

Put a cap on that same pickup truck, does that change anything?

nope

[lawpuppy66]

This would be in Texas, and if I understand the statute correctly, there is no theft from a vehicle, only Burglary of a Vehicle. Burglary also applies to structures here as well. Burglary applies to habitations, buildings, vehicles, and coin operated machines.

Two of my instructors feel that since you "enter" the bed of the truck, then you have committed the burglary, the other two feel that you have to enter the actual cab of the vehicle.

Thanks for all of your responses!

[jrenter]

I say the back of the pick up truck is entering the vehicle.

Im not a PO.

I would have to agree with Barenaked.

[Stump]

In my area, it would be considered larceny. Same as what some of the guys said, burglary refers to a structure.

And yes, it is STILL considered larceny even if someone is living out of their car, O. (I know you were thinking of asking! :D)

[LtMike1]

We charge someone with "theft by taking" if items in the open are stolen. In reference to vehicles, we charge them with burglary if they "enter" the vehicle. We don't consider stealing from the bed of a pickup truck as being "entered". In Fulton, County, Georgia you're lucky if you can get a conviction on just about anything.....so we don't want to confuse the judges. :rolleyes: We keep it simple and charge them with theft if they take something from an open area.

[rdp]

In NV, it is a larceny (theft). You have to enter a structure as stated before......now if the truck has a shell or a bed cover, then you have entered the vehicle and committed a burglary in addition to the larceny.

[wpd11]

In Ohio this would be two charges. First charge would be " unlawful entry of a motor vehicle " and second would be just simple theft.