There are two different investigation areas in an incident of vehicle theft: the crime scene investigation usually carried out by patrol officers and the follow-up investigation conducted by the detective. The success of an investigation relies considerably on the patrol officer's work at the crime scene, explained Detective Ron Huston, Lake Forest Park Police Department.
In the case of vehicle theft, the actual crime scene is gone. Therefore, the area where the stolen car was parked becomes the "survey area" and should be investigated like any other crime scene, which includes looking for foot prints and tire marks and questioning victims, neighbors or witnesses.
However, Huston said, many police officers do not look at the location of a car theft as a "crime scene." Once the primary investigation is finished, the detective work begins. Huston described the relationship between the preliminary investigation and the follow-up as "Garbage in, garbage out." If the information obtained at the crime scene is insufficient to begin with, the follow-up investigation will not turn out well.
When a vehicle is reported stolen, the information about the stolen vehicle is entered into the Washington Crime Information Center (WACIC) and the National Crime Information Center (NCIC) databases, explained Michael Williams, King County Sheriff's Office. Every officer in Washington and the nation has access to that data. Additionally, the data is faxed to all precincts and put on the roll-call board. Once all police agencies are informed about the theft and have access to the data, patrol officers can watch out for stolen cars.
"The best way to recover a car is catching somebody driving it," Williams said, adding that the driver of the car cannot be charged with auto theft automatically but with possession of stolen property. "He might have gotten the car from somebody and is just driving around in it."
If police suspect that the thief knows the owner and ever had permission to take the car before, it is difficult to file charges. Williams knows of cases where children snuck out at night and took their parents' cars without their knowledge. When the parents notice that their car is gone, they contact the police and are upset. "They want us to 'hammer' the kid," Williams said. However, a few days after the incident, they often have changed their mind and do not want their child to be charged with a felony.
It is up to the detective to prove who actually stole the car. Unfortunately, this appears to be a major challenge. The King County Prosecuting Attorney's Office (KCPAO) will not accept fingerprints from the windows of a stolen car since those do not prove that the suspect was actually in the car. So, detectives must focus on items inside the vehicle. The fingerprints off these objects may be traced to a suspect who claims to have never been in the car. KCPAO classifies these as portable items. The suspect could have been at a party and thrown an item into the car. There is still no proof. Worse still, even fingerprints on a rear-view mirror may not be enough to prove a suspect's guilt. The suspect might have used the car as a shelter because it was raining outside, and when he woke up in the morning, he adjusted the rear view mirror to check himself out and comb his hair. KCPAO has to ensure that the case is "airtight" before commencing prosecution. Huston sums it up by saying that if the perpetrator does not admit or if no one confirms having seen the crime committed, a conviction won't happen.
Prosecuting and penalties
Laura Poellet, King County deputy prosecuting attorney, currently works with the Felony Filing Unit. "We [KCPAO] most often prosecute for car theft those who we can prove stole cars," she said. This may sound bizarre. However, it perfectly describes the dilemma.
The Revised Code of Washington (RCW) states that auto theft is "taking motor vehicle without permission" (TMV) and can only be charged if the suspect is caught driving or knowingly riding in a stolen vehicle. Since June 2002, TMV has been split up into TMV 1 and TMV 2. Before, there was only TMV, a Class C felony, and the law did not differentiate between a chop-shop operation (now TMV 1 and a Class B felony) and joyriding (now TMV 2 and a Class C felony). The maximum sentence for TMV 1 is 10 years in prison and/or a $20,000 fine. "Someone found guilty of TMV 1, with no prior felony convictions, receives a standard range sentence of 6 to 12 months," Poellet elaborated. A person convicted of TMV 2 can be sentenced to up to five years in prison and/or a $10,000 fine. However, a first time TMV 2 offender with no prior felony convictions will receive a standard range sentence between zero and 60 days.
Obviously, catching perpetrators driving and riding in stolen cars is the best scenario in order to get a conviction. However, that is often not the case. If a suspect is caught sitting in a stolen car or his/her fingerprints are traced to a stolen vehicle, he or she may be charged with possession of stolen property (PSP). PSP is divided in three degrees depending on the value of the stolen item. A person is convicted of PSP in the first degree, a Class B felony, if he/she possesses stolen property that exceeds $1,500. Since Washington uses a person's criminal history and the level of the crime to determine the actual sentence, PSP offenders may face different penalties than a person convicted of TMV, Poellet explained. King County's 2001 Annual Report shows 174 adult felony charges, arrests and citations for vehicle theft. The number of juvenile felony charges for vehicle theft in the same year was 105. A large number of vehicle thefts are committed by juveniles, according to the FBI. While the crime is the same, juveniles face much lower penalties than adults. According to a 1999 policy paper from the KCPAO, a juvenile offender must be convicted five times for auto theft to receive more than 30 days detention. The sentence can be 15 to 36 weeks in a Juvenile Rehabilitation Facility.
Act responsibly
The National Insurance Crime Bureau recommends the "Layered Approach of Protection" to vehicle owners. Shoreline police theft data shows that you don't have to be gone from your car for very long to have it stolen. And, if a thief is determined to get your car, he or she is going to steal it even if you have taken all the precautions possible.
However, as previously described, only a professional thief will make such an effort. The majority of car thefts are committed by the "casual," often juvenile, car thief.
Both Huston and Williams see an audible alarm as the most effective device to deter thieves.
"If nothing else, it [the alarm] scares them away," said Williams.
Huston calls it target hardening: "Alarms make it harder for thieves to steal your car. They will go find an easier target."
Bait cars help in catching thieves
Some police departments use bait cars equipped with special tracking devices.
"The Minnesota Police Department put it in their bait cars and follow that vehicle when it has been stolen. Once they get close, they are able to shut down everything," described Williams. "The engine shuts down; the doors automatically lock. It is completely immobilized."
Video cameras inside can catch the thieves in the act. The Seattle Police Department already uses two bait cars.
Lightning does strike twice
On a warm summer night, we were sleeping with the window open. My husband woke up in the middle of the night because he heard a noise.
"It sounded like smashing glass, and I could hear a car drive off," he said.
We assumed somebody's car was just stolen. I had heard something too, but I thought I was dreaming. I put my glasses on and looked out our bedroom window. I started screaming, "There is somebody sitting in our car."
I turned the light on and knocked against the window. Then I watched as the person got out of the passenger side of our car, casually walked over to another car and drove off. I tried to read the license plate, but it was too dark. While I was literally freaking out, my husband had grabbed the phone and was talking to the police.
After the first time our car was stolen, we had had an alarm installed which had to be activated independently from locking the car doors. The new radio had a removable face plate which we removed from the car at night. Every once in a while, we would forget to set the alarm and take the face plate. This happened to be one of those nights.
The second attempt to steal our car was a great lesson for me. Human beings often think lightning cannot strike twice at the same place. The society we live in forces us to take certain safety measures and teaches us to be zealous about it at all times. It is sad that we have to take such serious precautions in protecting our property. However, it is a fact of life. Save yourself the time, aggravation and money by taking the necessary actions before it is too late. Avoid learning the lesson the hard way.
