Police Blotter – Gotham City 3-1-22
1. Officer Wayne was dispatched to a break-in at 123 Elm Street. When Wayne arrived, he met with the complainant and owner of the house who stated they came home from an overnight trip and found a strange man passed out on the floor their living room. The front door had been forced open, the man had entered and apparently fell asleep.
Officer Wayne woke the man, identified him, and arrested him for burglary of a habitation. The man was booked into the jail.
2. Officer Prince was dispatched to 642 Ave A in reference to stolen flowers. Officer Prince contacted the owner of the house who said that some time during the night, an unknown person came onto her front porch and stole several, very valuable roses and their flowerpots. The value of the flowers was about $800.
Officer Prince filed a burglary of a habitation report listing an unknown suspect.
3. Officer Allen was dispatched to 981 South 9th in reference to a break-in. Officer Allen was contacted the owner of the house who stated that he left his front door unlocked last night and someone came inside and stole his TV while he was sleeping, which is worth about $600. The owner of the house said he did not hear the person enter the house and didn’t notice the TV missing until this morning.
Officer Allen filed a report for burglary of a habitation.
4. Officer Carter was dispatched to the Dillard’s located in the Killeen Mall at 6:00am. The motion alarm went of inside the store. Officer Carter and security for the mall entered the store at 6:10am and found three men inside the store. The doors were still locked and there was no forced entry. It was later determined that the men entered the store during business hours and crawled into the ceiling through the bathroom and remained hidden there until the store closed. The men then came out of the ceiling and began gather up various expensive items from the store and placing the items in plastic bags. All the men were captured and arrested before they could leave the store with the items they had gathered.
Officer Carter charged the men with Burglary of a Building.
Texas Penal Code:
Sec. 30.02. BURGLARY. (a) A person commits an offense if, without the effective consent of the owner, the person:
(1) enters a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit a felony, theft, or an assault; or
(2) remains concealed, with intent to commit a felony, theft, or an assault, in a building or habitation; or
(3) enters a building or habitation and commits or attempts to commit a felony, theft, or an assault.
(b) For purposes of this section, "enter" means to intrude:
(1) any part of the body; or
(2) any physical object connected with the body.
(c) Except as provided in Subsection (c-1) or (d), an offense under this section is a:
(1) state jail felony if committed in a building other than a habitation; or
(2) felony of the second degree if committed in a habitation.
(c-1) An offense under this section is a felony of the third degree if:
(1) the premises are a commercial building in which a controlled substance is generally stored, including a pharmacy, clinic, hospital, nursing facility, or warehouse; and
(2) the person entered or remained concealed in that building with intent to commit a theft of a controlled substance.
(d) An offense under this section is a felony of the first degree if:
(1) the premises are a habitation; and
(2) any party to the offense entered the habitation with intent to commit a felony other than felony theft or committed or attempted to commit a felony other than felony theft.